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AGMT - MDJ Management LLC (North Seal Beach Community Center Rehabilitation Project)
PUBLIC WORKS AGREEMENT NORTH SEAL BEACH COMMUNITY CENTER PROJECT CIP NO. BG2501 ORANGE COUNTY CONTRACT NO. 012-24011207 between SEAt 1vg� .cpcAPOR47 qe,y rt cF eER� 2,,N\\,C colCity of Seal Beach 211 - 8th Street Seal Beach, CA 90740 MDJ Management, LLC 531 Main Street #611 El Segundo, CA 90245 (310) 490-1521 THIS CONTRACT ("Contract") is made as of August 12, 2024, by and between the City of Seal Beach, a California charter city ("City"), and MDJ Management, LLC, a California limited liability company ("Contractor") (collectively, "the parties" and individually, a "party"). RECITALS A. The City Council of the City of Seal Beach ("City") has approved the scope of work for the North Seal Beach Community Center ("NBSCC") rehabilitation project (CIP BG2501) ("Project") for public facilities and improvements at the NBSCC. B. Pursuant to the authority provided by the Seal Beach City Charter and Seal Beach Municipal Code § 3.20.025(D), on October 3, 2023, City solicited proposals for the Project through Sourcewell and Contractor submitted a proposal ("Proposal") dated February 22, 2024, to perform the work defined and described in Section 1.0 of this Agreement, including utilization of cooperative purchasing through Contractor's Sourcewell Contract CA-R8-GB13-123021-MDJ ("Sourcewell") pricing, in the amount of $319,221.89. The Proposal includes, among other things, provisions defining the Project scope. C. City submitted an application for grant funds to the County of Orange's Community Development Block Grant Program (the "CDBG Program"), to carry out ADA accessibility improvements and other public facilities and improvements of the Project that will benefit low- to moderate-income residents in the community; and on June 4, 2024, the County of Orange, as a pass-thru entity under the CDBG Program, allocated CDBG funding to the City for the rehabilitation of the North Seal Beach Community Center. D. Contractor represents that the principal members of its firm are licensed and registered California licensed "B" General Building Contractor (California State Contractor's License #1044711, DIR #1000061313) and are fully qualified to perform the construction work contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. E. Pursuant to the authority provided by the City Charter and Seal Beach Municipal Code § 3.20.025(D), City desires to engage Contractor as an independent contractor to carry out the Project with the use of the CDBG grant funds and City funds, in the manner set forth herein and more fully described in Section 1.0 and in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: CONTRACT 1. Contractor's Services. 2 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and complete in good and workmanlike manner all work ("Work") for the Project identified as North Seal Beach Community Center CIP BG2501 ("Project") as described in this Contract and in the Contract Documents listed in Subsection 1.2. 1.2 Contract Documents. The Contract Documents consist of this Contract and all Exhibits attached to this Contract,. The Exhibits attached to this Contract include the (i) Contractor's Proposal dated February 22, 2024 ("Proposal") (Exhibit A); (ii) Indefinite Delivery-Indefinite Quantity Construction Contract No. CA-R8- GB13-123021-MDJ dated February 1, 2022 between Sourcewell and MDJ Management, LLC, Indefinite Delivery-Indefinite Quantity Construction Contract General Terms and Conditions, and Agreements to Modify and Extend dated January 11, 2023 and January 16, 2024 (collectively "Sourcewell Contract") (Exhibit B); (iii) Contract #012-024011207 for Public Facilities & Improvements, North Seal Beach Community Center Improvements between County of Orange and City of Seal Beach ("CDBG Grant") (Exhibit C); (iv) Performance Bond (Exhibit D); (v) Payment Bond (Labor and Materials) (Exhibit E); (vi) Workers' Compensation Insurance Certificate (Exhibit F); (vii) Insurance Endorsements (Exhibit G); (viii) Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit H); (ix) Acknowledgment of Labor Law Requirements (Exhibit I); (x) Federal Labor Standards Provisions (Exhibit J); (xi) Davis- Bacon Wage Determination CA20210024, Mod 13, 10/22/21 (Exhibit K); (xii) Noncollusion Declaration (Exhibit L); (xiii) Designation of Subcontractors (Exhibit M); (xiv) 2018 Edition of Standard Specifications for Public Works Construction adopted by the Joint Cooperative Committee of Southern California Chapter, American Public Works Association and Southern California District, Associated General Contractors of California, as amended by City ("Special Provisions") (Exhibit N); (xv) the California Building Codes as adopted by City in Chapter 9.60 of Title 9 of the Seal Beach Municipal Code, including those provisions adopted by reference or applicable by operation of law, or amended (collectively "Reference Documents") (Exhibit 0); (xvi) Debarment Certification (Exhibit P); (xvii) Standard Form-LLL, "Disclosure Form to Report Lobbying"(Exhibit Q); and (xviii) Drug-Free Workplace Certification (Exhibit R). All Contract Documents are hereby incorporated into this Contract. 1.3 Federal Requirements. As the Project is funded in part through federal CDBG funds provided to the City by the County of Orange pursuant to the County CDBG Agreement (Exhibit C), in addition to the requirements of this Contract, Contractor shall comply with all Federal requirements set forth or referenced in this Contract, as well as all other applicable Federal statutes, regulations, executive orders, and/or policy guidance adopted by the U.S. Department of Housing and Urban Development ("HUD"), the County of Orange through the CDBG Grant (Exhibit C), or as otherwise imposed by law, which shall be collectively referred to as "Federal Requirements." 1.4 Order of Precedence. Notwithstanding any other provision of this Contract, in the event of any conflict between the CDBG Grant and/or the other Federal 3 Requirements, on the one hand, and the provisions of this Contract or any other Exhibit attached hereto, on the other hand, the provisions of the CDBG Grant and the Federal Requirements shall take precedence. In the event of any material discrepancy between the provisions of this Contract and the provisions of any other Exhibit to this Contract, the provisions of this Contract shall prevail. 1.5 Compliance with Contract Documents. The Work shall be performed in accordance with this Contract, the Sourcewell Contract, the Proposal and other Contract Documents in a manner satisfactory to the City. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 1.6 National Objectives. All activities funded with CDGB funds must meet one of the CDBG Program's National Objectives: benefit low and moderate- income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 Code of Federal Regulations ("CFR") 570.208. Contractor certifies that the activity(ies) carried out under this Contract will meet one of the CDBG Program's National Objectives. 2. Effective Date; Term. This Contract shall be for a term commencing on August 12, 2024 (the "Effective Date"), contingent upon execution by Contractor and approval and execution by City; and Contractor shall commence work after notification to proceed from City's Contract Administrator. The Contract shall remain in full force and effect until the earlier of (i) Contractor's completion of the Work required by this Contract and a Notice of Completion has been filed with the Orange County Recorder, or (ii) on June 30, 2025, unless sooner terminated or extended pursuant to this Contract. 3. Termination due to Reduction or Loss of Funding. In addition to the grounds for termination set forth in the Special Provisions, in the event that City receives communication from the County of Orange and/or the Federal Government that funds available to City under the CDBG Grant are to be reduced or withdrawn by the County of Orange or the Federal Government, City may at its sole option terminate this Contract immediately. 4. Contractor's Compensation. 4.1 Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in accordance with the Proposal and Sourcewell Contract as full compensation therefor, but in no event will City pay more than the total not-to-exceed amount of $319,221.89 (Three Hundred Nineteen Thousand Two Hundred Twenty-One dollars and Eighty-Nine cents), subject to any additions and deletions pursuant to the terms of the Contract Documents or for authorized additional work pursuant to Subsection 4.2, below. Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, 4 administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the Contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. All costs are subject to the eligibility requirements of HUD under the CDBG Grant and County CDBG Agreement. Eligible costs related to Work provided by Contractor must be incurred during the period beginning the Effective Date. The Project shall be completed, and all funds provided through this Contract shall be expended on eligible Project activities through and including June 30, 2025. 4.2 Additional Work. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 5. Contractor's Personnel. 5.1 All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by the Special Provisions (Exhibit N) and Reference Documents (Exhibit 0), all other provisions of the Seal Beach Municipal Code and other federal, state and local laws to perform such Work, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 5.2 Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. 5.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. 5.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Contract. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the Work performed pursuant to this Contract. 5 5.5 City shall have the right to offset against the amount of any fees due to Contractor under this Contract any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 5. 6. Party Representatives. 6.1. The Public Works Director is City's representative for purposes of this Contract, and shall serve as the Contract Administrator. 6.2. Matthew McMillon is Contractor's primary representative for purposes of this Contract. Matthew McMillon shall be responsible during the term of this Contract for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7. Fiscal Accountability. 7.1 Financial Management System. Contractor shall establish and maintain a sound financial management system, based upon generally accepted accounting principles. Subrecipient's system shall provide fiscal control and accounting procedures that will include the following: 7.1.1 Information pertaining to the line items as identified in Exhibit A (Proposal) to this Contract; 7.1.2 Source documentation to support accounting records; and 7.1.3 Proper charging of costs and cost allocation. 7.2 Contractor's Records. Contractor's records shall be sufficient to: 7.2.1 Permit preparation of required reports; 7.2.2 Permit tracking of funds to a level of expenditure adequate to establish that funds have not been used in violation of the applicable restrictions on the use of such funds; 7.2.3 Permit the tracking of program income, or profits earned, and any costs incurred (such as stand-in costs) that are otherwise allowable except for; and 7.2.4 Permit tracking and reporting of leveraging as required. 6 7.3 Costs Charged. Costs shall be charged to this Contract only in accordance with the City and other requirements as required by funding source(s). 8. Federal Administrative and Related Requirements. 8.1 Contractor shall comply with all federal requirements as it pertains for 24 CFR Parts 91 and 570. Contractor acknowledges that administration of its operation and services are subject to the requirements as established in 2 CFR Part 200, et al., as applicable. Contractor shall procure all materials, property, or services in accordance with the requirements of 2 CFR § 200.318-326. 8.2 Contractor agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 8.3 Contractor shall administer its program in conformance with 2 CFR Part 200, et al, as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. Contractor agrees that 48 Code of Federal Regulations ("CFR") Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. 9. Inspections and Audits of Records. 9.1 City, County of Orange, the State of California and the United States Government and/or their representatives, shall have access, for purposes of monitoring, auditing, and examining, to Contractor's activities, books, documents and papers (including computer records and emails) and to records of Contractor's subcontractors, consultants, contracted employees, bookkeepers, accountants, employees and participants related to this Contract. Such departments or representatives shall have the right to make excerpts, transcripts and photocopies of such records and to schedule on site monitoring at their discretion. Monitoring activities also may include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Contractor are kept. Contractor shall make available its books, documents, papers, financial records, etc., within three (3) days after receipt of written demand by any of those agencies, which shall be deemed received upon date of sending. In the event Contractor does not make the above referenced documents available within the County of Orange, California, Contractor agrees to pay all necessary and reasonable expenses incurred by City, County, or County's designee, in conducting any audit at the location where said records and books of account are maintained. 9.2 Contractor agrees to maintain such records for possible audit for a minimum of five years after final payment, or such longer period set forth in Section 8 or required by law. Contractor agrees to allow interviews of any employees or others who might reasonably have information related to such records. Should Contractor cease to exist as a legal entity, Contractor's records pertaining to this Contract shall be forwarded to City's Contract Administrator. 10. Retention of Records. 10.1 Records to be Maintained. Contractor shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded by the CDBG Program under this Contract. Such records shall include, but not be limited to: 10.1.1 Records providing a full description of each activity undertaken; 10.1.2 Records demonstrating that each activity undertaken meets the one of the National Objectives of the CDBG program; 10.1.3 Records required to determine the eligibility of activities; 10.1.4 Records required to document the acquisition, improvement, use, or disposition of real property acquired or improved with CDBG assistance; 10.1.5 Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; 10.1.6 Financial records as required by federal regulations 24 CFR 570.502, and 24 CFR 84.21-28; and 10.1.7 Other records necessary to document compliance with Subpart K of 23 CFR. 10.2 Retention of Records. Contractor shall retain all financial records, supporting documents, statistical records, and all other records pertinent to this Contract for a period of five (5) years after the later of the following: (i) final payment under this Contract, or (ii) the date of the submission of the County's annual performance and evaluation report to HUD in which the activities assisted under the Contract are reported on for the final time. Notwithstanding the foregoing, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later. 11. Indemnification. 11.1 Contractor's Duty. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, indemnify, and hold the City and its elected and appointed officials, officers, attorneys, agents, employees, volunteers, 8 successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop notices, liens, liabilities and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals and all costs associated therewith and the payment of all consequential damages (collectively, "Liabilities"), in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, the acts or omissions of Contractor, its officers, agents, attorneys, servants, employees, Subcontractors, materialmen, contractors, or their officers, agents, servants or employees (or any entity or individual for whom the Contractor bears legal liability)in the performance of the Contract, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. City shall not be liable for any accident, loss, or damage to the Work prior to completion, except as otherwise specified in Section 6-5 of the Specifications. 11.2 Taxes and Workers' Compensation. Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. Contractor shall fully comply with the Workers' Compensation law regarding Contractor and Contractor's employees. Contractor shall indemnify and hold the City harmless from any failure of Contractor to comply with applicable Workers' Compensation laws. City may offset against the amount of any fees due to Contractor under the Contract any amount due to City from Contractor as a result of Contractor's failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 10.2. 11.3 Protests. In addition to all other obligations set forth in this Section 11, Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any bid protest or challenge to the procurement process used in connection with this Contract. 11.4 Civil Code Exception. Nothing in this Section 11 shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City's active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 9 11.5 Workers' Compensation Acts not Limiting. Contractor's indemnifications and obligations under this Section 10, or any other provision of the Contract, shall not be limited by the provisions of any Workers' Compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers. 11.6 Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City. 11.7 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Contract. 11.8 Subcontractor Indemnity Agreements. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 5 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of the Contract. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor's Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual for whom Contractor's Subcontractor bears legal liability) in the performance of the Contract, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by the agreement of the Parties. 11.9 Survival. The provisions of this Section 11 shall survive the expiration or termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 12. Insurance. 12.1 Liability Insurance. Contractor shall at all times during the term of this Contract carry, maintain and keep in full force and effect the insurance referenced in this Section 12. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. The provisions of this 10 Section 12 take precedence over and supersede the insurance provisions contained in the Proposal and/or Sourcewell Contract (Exhibits A and B). Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 12.1.1 Exhibit H-1: Additional Insured Endorsement - Commercial General Liability. 12.1.2 Exhibit H-2: Additional Insured Endorsement - Automobile Liability. 12.1.3 Exhibit H-3: Additional Insured Endorsement - Network Security and Privacy General Liability. 12.1.4 Exhibit H-4: Additional Insured Endorsement - Sexual Misconduct. 12.1.5 Exhibit H-5: Additional Insured Endorsement - Employee Dishonesty. 12.1.6 Exhibit H-6: (If applicable) Professional Liability Certificate of Insurance. 12.1.7 Exhibit H-7: (if applicable) Additional Insured Endorsement - Excess Liability. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 12.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 12.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 12.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B). 12.2.4 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 12.2.5 Professional Liability insurance. Unless the City waives in the requirement for professional liability insurance, Contractor shall provide to City the standard form issued by the carrier. 12.2.6 Network Security and Privacy Liability. Contractor shall procure and maintain Cyber Privacy Liability insurance with the following minimum 11 coverages in a form satisfactory to City: Liability for Theft or Use of Confidential Information; Network Security Liability; Virus and Malware Liability; Professional Misconduct Liability; Data Restoration Costs; and Privacy Breach Costs. If the coverage is maintained on a claims-made basis, the Vendor shall maintain such coverage for an additional three (3) years following termination of the contract. 12.2.7 Sexual Misconduct Liability. Coverage may be provided as part of the Commercial General Liability coverage, Professional Liability coverage, or a separate policy. If coverage is provided as part of a Commercial General Liability or Professional Liability policy, Contractor must provide written confirmation of coverage and per occurrence limits from Contractor's insurer or insurance agent/broker. 12.2.8 Employee Dishonesty Liability. Contractor shall provide crime insurance, with coverage for losses resulting from criminal acts, in a form satisfactory to City. The crime insurance shall, at a minimum, include third party coverage. The Certificate of Insurance must specify how the policy is written, indicating whether it is on a "loss sustained" or "loss incurred" basis, and clearly state the type of coverage provided. The City of Seal Beach and the County of Orange shall each be a loss payee on the Employee Dishonesty coverage; and a Loss Payee endorsement evidencing that the City of Seal Beach and the County of Orange are each a Loss Payee shall accompany the certificate of insurance. If the coverage is maintained on a claims-made basis, Contractor shall maintain such coverage for an additional three (3) years following termination of the Contract. 12.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 12.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Contract or the general limit shall be twice the required occurrence limit. 12.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 12.3.3 Employer's Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease; and Workers' Compensation Insurance in the amount required by law. 12.3.4 Network and Security Liability: $1,000,000 per claims- made. 12.3.5 Sexual Misconduct Liability. $1,000,000 per occurrence and $2,000,000 general aggregate. 12.3.6 Employee Dishonesty Liability: $100,000 per occurrence. 12 12.4 Additional Insureds. 12.4.1 City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to Contractor or City, for the following policies: General Liability Policy; Automobile Liability Policy; Network Security and Liability Policy; Sexual Misconduct Liability Policy; Employee Dishonesty Liability Policy. 12.4.2 County of Orange, its elected and appointed officials, officers, employees, and agents shall also be named as additional insureds on the following policies or any subsequent endorsement: General Liability Policy; and Network Security and Liability Policy (for their vicarious liability). 12.5 Replacement Insurance. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage required by the Contract during the term of the Contract. Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Contractor and the cost of such insurance may be deducted, at the option of City, from payments due Contractor. This shall be in addition to all other legal options available to City to enforce the insurance requirements. 12.6 Certificates of Insurance with Original Endorsements. Contractor shall submit to City certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements must be executed on City's forms titled "Additional Insured Endorsement," copies of which are attached as exhibits to this Contract, or on any other form that contains substantially the same terms and is approved by City's Risk Manager. The endorsements must specifically name the City of Seal Beach and its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials as insureds or additional insureds; and also name the County of Orange and its elected its elected and appointed officials, officers, employees, and agents shall also be named as additional insureds as set forth above. Current insurance certificates and endorsements shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies at any time. 12.7 Deductibles and Self-Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance. 13 12.8 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 12.8.1 For any claims related to this Contract, Contractor's insurance coverage shall be primary insurance as respects City, its elected and appointed officials, officers, employees, volunteers and those City agents serving as independent contractors in the role of City officials, and as respects the County of Orange, its elected and appointed officials, officers, employees, and agents. Any insurance or self-insurance maintained by City, their elected and appointed officials, officers, employees, volunteers or those City agents serving as independent contractors in the role of City officials shall be excess of Contractor's insurance and shall not contribute with it, and any insurance maintained by the County of Orange, its elected and appointed officials, officers, employees, and agents shall be excess of Contractor's insurance and shall not contribute with it. 12.8.2 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 12.8.3 Each insurance policy required by this Section 12 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 calendar days prior written notice by first class mail has been given to City. 12.8.4 Each insurance policy required by this Section 12 shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City or agency officials. Each insurance policy required by this Section 10 shall also expressly waive the insurer's right of subrogation against the County of Orange, its elected and appointed officials, officers, employees, and agents. By executing this Agreement, Contractor waives all rights of subrogation against City and its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials; and further waives all rights of subrogation against the County of Orange, its elected and appointed officials, officers, employees, and agents. 12.9 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's Risk Manager. 12.10 No Limitation on Indemnity. The insurance provisions shall not be construed to limit Contractor's indemnity obligations contained in this Contract or any other Contract Documents. 12.11 Insurance Requirements not Limiting. If Contractor maintains broader coverage and/or higher limits than the minimums required in this Section 6, City 14 requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. 12.12 Subcontractors. Contractor shall require each of its Subcontractors that perform services under the Contract to maintain insurance coverage that meets all of the requirements of the Contract including this Section 6. 13. Liauidated Damages. Should Contractor fail to complete the Project, or any part thereof, in the time agreed upon in the Contract, Contractor shall reimburse City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $500.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to City resulting from the failure of Contractor to complete the Project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. City shall have the right to deduct such damages from any amount due, or that may become due to Contractor, or the amount of such damages shall be due and collectible from Contractor or Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 14. Notices. Any notices, bills, invoices, or reports authorized or required by this Contract shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Contract, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211-8th Street Seal Beach, California 90740 Telephone: (562) 431-2527 Fax: (562) 493-9857 With a copy to: Public Works Director City of Seal Beach 211-8th Street 15 Seal Beach, California 90740 If to Contractor: MDJ Management, LLC 531 Main Street#611 El Segundo, CA 90245 Telephone: (310) 490-1521 Attn: Matthew McMillon 15. Non-Assignability: Subcontracting. Except as otherwise designated in the Designation of Subcontractors Form (Exhibit M), Contractor shall not assign, transfer, or subcontract any interest in this Contract or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder in violation of this provision shall be null, void and of no effect. 16. Equal Employment Opportunity. 16.1 In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code. In connection therewith: 16.1.1 During the performance of this Contract, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractor and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable state regulations implementing Government Code Section 12990 (a-I), set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into this Contractor by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 16.1.2 Contractor shall include the nondiscrimination and compliance provisions of this clause in all Subcontracts to perform work under the Contract. 16 16.2 In the performance of this Contract, Contractor further agrees as follows: 16.2.1 Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: (a) Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (b) Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (c) Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (d) Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (f) Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his 17 books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (g) In the event of Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 16.2.2 Contractor will include the provisions of Subsection 16.2.1 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: (a) Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, Contractor may request the United States to enter into such litigation to protect the interests of the United States. (b) Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if Contractor so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Contract. (c) Contractor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. (d) Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and 18 subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, Contractor agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. 17. Civil Rights and Nondiscrimination. In addition to the provisions set forth in Section 16, Contractor agrees to comply with all of the following requirements. 17.1 Contractor agrees to comply with, and that the Work provided shall be in accordance with, the provisions of the Civil Rights Restoration Act of 1986 (PL 100-249), Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Titles I, II and III of the Americans with Disabilities Act of 1990, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, Section 504 of the Rehabilitation Act of 1973, and other applicable State and Federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability. 17.2 Contractor agrees to comply with the California Civil Rights statutes including but not limited to, California Family Rights Act, Unruh Civil Rights Act, Ralph Civil Rights Act, Civil Code Section 51.9, and Disabled Persons Act. 17.3 Contractor agrees to comply with Executive Order 11063, and with Executive Order 11246, as amended by Executive Orders 11375, 11478, 12107 and 12086; and the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279, including 24 CFR Part 8, 24 CFR 570.602. 17.4 In the performance of this Contract, Contractor further agrees that Contractor shall not discriminate, harass or retaliate against any of City's elected or appointed officials, officers, employees, consultants, contractors, subcontractors, or subconsultants on any basis prohibited by federal or state law. 18. Minority and Women's Businesses and Labor Surplus Area Firms. 18.1 When possible, Contractor agrees to take the following affirmative steps when procuring subcontractors to perform any part of the services under this Contract: 18.1.1 Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 19 18.1.2 Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 18.1.3 Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 18.1.4 Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and 18.1.5 Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 19. Fraud. Contractor hall immediately report all suspected or known instances and facts concerning possible fraud, abuse or criminal activity under this Contract. Subrecipient shall inform staff and the general public of how to report fraud, waste or abuse through appropriate postings of incident reporting notice. 20. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Contract shall not be a waiver of any other condition of performance under this Contract. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorneys' Fees. In the event that either party to this Contract shall commence any legal action or proceeding to enforce or interpret the provisions of this Contract, each party shall be responsible for their own attorneys' fees. 21. Construction. The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the State of California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Contract shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract or who drafted that portion of the Contract. 22. Workers' Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' 20 compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract." 23. Prevailing Wages and Labor Laws. 23.1 California Prevailing Wage Laws. City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply, and Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including but not limited to those set forth in Exhibits H and I, attached hereto. 23.2 Federal Labor Standards and Prevailing Wage Laws. 23.2.1 Federal Requirements for Federal-Aid Construction Projects provisions shall apply to this Contract and are made a part of the Contract. Contractor shall comply with the federal labor provisions contained in Exhibit J, attached hereto and incorporated herein by this reference. 23.2.2 The current Federal Prevailing Wage Determinations issued under the Davis-Bacon and related Acts shall apply to this Contract and are made a part of the Contract, including but not limited to, Davis-Bacon Wage Determination CA20210024, Mod 13, 10/22/21 contained in Exhibit K, attached hereto and incorporated hereby by this reference. Contractor agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act, the provisions of Contract Work Hours and Safety Standards Act, the Copeland "Anti-Kickback" Act (40 U.S.C. 276, 327-333), and all other applicable Federal, State and local laws and regulations pertaining to labor standards. Contractor shall maintain all applicable documentation, which demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to City for review upon request. 23.2.3 Contractor agrees that, except with respect to the rehabilitation or construction of residential property designed for residential use for less than eight (8) units, all Contractors engaged in contracts of $2,000.00 or more for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Contract, shall comply with all applicable federal requirements including Department of Labor regulations, under 29 CFR, Parts 3, 1, 5, 7 and 1926 governing the payment of wages and ratio of apprentices and trainees to journeymen. 23.2.4 When federal prevailing wage rates apply, Contractor must submit, with each invoice, a certified copy of the payroll for compliance verification. Invoice payment will not be made until the payroll has been verified and the invoice approved by City's Contract Administrator. 21 23.2.6 If there is any conflict between the State prevailing wages and the Federal prevailing wages, the higher rate shall be paid. 23.3 Any subcontract entered into as a result of this Contract shall contain all the provisions of this Section. 24. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties. 25. Prohibited Interests; Conflict of Interest. 25.1 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Work, or which would conflict in any manner with the performance of the Work under this Agreement. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Work. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 25.2 Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 25.3 Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non- contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 22 26. Debarment and Suspension Certification. 26.1 Contractor certifies that it is not debarred or suspended or otherwise excluded from or ineligible for participation in federal/state assisted programs in accordance with 29 CFR Part 98. As a condition of this Contract, Contractor shall submit a certification, in a form in compliance with Exhibit P, verifying under penalty of perjury, that Contractor or any person associated therewith in the capacity of owner, partner, director, officer or manager: 26.1.1 Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; 26.1.2 Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; 26.1.3 Does not have a proposed debarment pending; and 26.1.4 Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. 26.2 Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action. 26.3 Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by HUD. 27. Section 3 Clause. This Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), as amended ("Section 3"), the HUD regulations issued pursuant thereto at 24 CFR, Part 75, and any applicable rules and orders of HUD issued thereunder. Contractor agrees to abide by 24 CFR Part 75, below and will insert the following clause in any subcontracts executed with third parties for work covered by this Contract: The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 USC §1701u) ("Section 3'). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted developments covered by Section 3 shall, to the greatest extent feasible, be directed to low- and very low-income persons, including persons who are recipients of HUD assistance for housing, with a preference for both targeted workers living in the service area or neighborhood of the Development and YouthBuild participants, as defined at 24 CFR Part 75 ("Section 3 Regulations'). 23 The Parties agree to comply with HUD's Regulations in 24 CFR, Part 75 which implement Section 3. As evidenced by their execution of this Contract, the Parties certify that they are under no contractual or other impediments that would prevent them from complying with the Section 3 Regulations. The Sub-recipient, contractor, and subcontractor agrees to send to each labor organization or representative of workers with which the Sub-recipient, contractor, and subcontractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Sub-recipient, contractor, and subcontractor's commitments under this section of the Contract and will post copies of the notice in conspicuous places at the worksite where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference and shall set forth the following: (i) minimum number and job titles subject to hire, (ii) availability of apprenticeship and training positions, (iii) qualifications for each, (iv) name and location of the person(s) taking applications for each of the positions, and (v) the anticipated date the work shall begin. The Sub-recipient, contractor, and subcontractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in Section 3 Regulations and agrees to take appropriate action, as provided in an applicable provision of the subcontractor in this Section 3 clause, upon a finding that the subcontractor violates the regulations in Section 3 Regulations. The Sub-recipient, contractor, and subcontractor will not subcontract with any subcontractor where the Sub-recipient, contractor, and subcontractor has notice or knowledge that the subcontractor has been found in violation of the regulations 24 CFR part 75. The Sub-recipient, contractor, and subcontractor will certify that any vacant employment positions, including training positions, that are filled (1) after a contractor is selected but before the Contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the Sub-recipient, contractor, and subcontractor's obligations under 24 CFR part 75. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts. 28. Hatch Act. Contractor agrees that no funds provided, nor personnel employed under this Contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq. and Chapter 15 of Title V of the United States Code. 29. Prohibition of Expending City, State or Federal Funds for Lobbying. 29.1 Contractor certifies, to the best of its knowledge and belief, that: 24 29.1.1 No State, Federal, or City appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Contract, or with the extension, continuation, renewal, amendment, or modification of this Contract. 29.1.2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," (attached as Exhibit Q) in accordance with its instructions. 29.2 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. 29.3 Contractor also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly. 29.4 Contractor shall complete and immediately forward to City the "Disclosure of Lobbying Activities," a copy of which is attached hereto as Exhibit Q and incorporated herein by this reference, if Contractor, or any person, firm or corporation acting on Contractor's behalf, engaged or engages in lobbying any federal office, employee, elected official or agency with respect to this Contract or funds to be received by Contractor pursuant to this Contract. 30. Lead-Based Paint. Any Work performed by Contractor for the construction or rehabilitation of residential structures with assistance provided under this Contract shall be made subject to the provisions of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831(b)), 24 CFR 570.608, and the provisions for the elimination of lead-based paint hazard under 24 CFR Part 35. Contractor shall be responsible for the inspections and certifications required under Section 35.24 thereof, as applicable. 31. Historic Preservation. Contractor agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Contract. In general, this requires 25 concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are 50 years old or older or that are included on a Federal, state, or local historic property list. 32. Energy Efficiency Standards. Contractor agrees to comply with the California Energy Commission Assembly Bill 970, Title 24, Part I of the California Code of Regulations (AB970: Building Efficiency Energy Standards), in regard to construction and property development, when applicable. 33. Property Records. Contractor shall maintain real property inventory records, which clearly identify properties purchased, improved, or sold. Properties retained shall continue to meet eligibility criteria, rental limitations, health, safety and building codes, etc., and shall conform to federal and State regulations. 34. Equipment. Contractor shall use, manage and dispose of equipment in accordance with federal and State regulations. 35. Drug-Free Workplace. Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace as set forth in Exhibit R, attached hereto and incorporated herein by reference. Contractor will: 35.1 Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). 35.2 . Establish a drug-free awareness program as required by Government Code Section 8355(b) to inform employees about all of the following: 35.2.1 The dangers of drug abuse in the workplace; 35.2.2 Contractor's policy of maintaining a drug free workplace; 35.2.3 Any available counseling, rehabilitation, and employee assistance programs; and 35.2.4 Penalties that may be imposed upon employees for drug abuse violations. 35.3 Provide as required by Government Code Section 8355(c) that every employee who works under this Contract: 35.3.1 Will receive a copy of the company's drug-free policy statement; and 26 35.3.2 Will agree to abide by the terms of Contractor' company's statement as a condition of employment under this Contract. Failure to comply with these requirements may result in suspension of payments under the contract or termination of the contract or both, and Contractor may be ineligible for award of any future City contracts if City determines that any of the following has occurred: 35.3.3 Contractor has made false certification, or 35.3.4 . Contractor violates the certification by failing to carry out the requirements as noted above. 36. Safety. All work performed under this Contract shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by OSHA and CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Work. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor. Where Contractor's employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous or dangerous to the participants' health or safety. 37. Flood Disaster Protection. This Contract is subject to the requirements of Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention control and abatement of water pollution; and the implementing regulations adopted pursuant thereto (including but not limited to, as applicable, any regulations set forth in 24 CFR 55, implementing Executive Order 11988) in regard to the sale, lease or other transfer of land acquired, cleared, or improved under the terms of this Contract, as it may apply to the provisions of this Contract). No portion of the assistance provided under this Contract is approved for acquisition or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the HUD Secretary as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the national flood insurance program pursuant to Section 201(d) of said Act; and the use of any assistance provided under this Contract for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act. Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Contract shall contain, if such land is located in an area identified by the HUD Secretary as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq., provisions obligating the transferee and its 27 successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Contract. 38. Build America, Buy America Act (BABA). For infrastructure projects, as defined, Contractor agrees to abide by the requirements of the Build America, Buy America Act (41 U.S.C., Subtitle IV, Ch. 83, 2021) and 2 CFR Part 184 preferences for infrastructure materials purchases of USA-sourced iron, steel and other materials, to the extent available, and applicable to this Agreement, subject to exemptions and/or waivers which may be authorized from time to time, and posted on the HUD government website, located at the following link: https:www.hud.gov/program_offices/general_counsel/BABA. Contractor agrees to maintain purchase receipts and provide source documentation upon request of City, through the required reporting period under this Agreement and as set forth in 2 CFR Part 184 and 2 CFR 200.322, unless exempt or granted a waiver. 39. Compliance with Air and Water Acts. This Contract is subject to the requirements of the Clean Air Act, as amended, 42 U.S.C. 1857, et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., and the regulations of the Environmental Protection Agency (EPA) with respect thereto, at 40 CFR 50 and 40 CFR 58, as amended from time to time. 40. Recovered Materials and Solid Waste Disposal Act. Contractor agrees to comply with all requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 41. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Work. 42. Fiscal Limitations. 43.1. Non-Appropriation of Funds. Payments to be made to Contractor by City for any Work performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Contractor's Work beyond the current fiscal year, this Agreement shall cover payment for Contractor's Work only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 43.2. Grant Funding. City's payment for the Work performed by Contractor to City pursuant to this Contract is contingent upon the availability and receipt by City of funds pursuant to the CDBG Grant (Exhibit C) and continued 28 authorization for the Work in accordance with the CDBG Grant, and is subject to termination due to reduction in or lack of funds or authorization as provided in Section 3. This Contract is further subject to written modification as necessary by City in accordance with requirements of the CDBG Grant and any future amendments or modifications to the CDBG Grant and/or any Federal Requirements applicable to the CCBG Grant. In addition, this Contract may be amended or terminated as otherwise provided in the Special Provisions. 44. Entire Agreement. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Contract supersedes all prior oral or written negotiations, representations, or agreements. This Contract may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Contract. 45. Severability. The invalidity in whole or in part of any provisions of this Contract shall not void or affect the validity of the other provisions of this Contract. 46. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Orange County, California shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under this Agreement (whether contract, tort or both). 47. No Third Party Beneficiaries. This Contract is made solely for the benefit of the Parties to this Contract and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Contract. 48. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Contract shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Contract shall be (i) effective unless it is in writing and signed by the Party making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing waiver unless the writing expressly so states. 49. Time of the Essence. Time is of the essence in respect to all provisions of this Contract that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Contract. 50. Titles and Headings. The titles and headings used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it. 29 51. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 52. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Contract as of the date first written above. CITY OF SEAL BEACH CONTRACTOR: U'l(5) By: • By: /i ',.0 i-t' r. Ji . Ingram, City Manager Matthew McMillon President Attest: By: G oria D. H r, City Clerk Approved as to Form: 7_ By: (Please note, two signatures required for Nicholas Ghirelli, City Attorney corporations pursuant to California Corporations Code Section 313.) 30 EXHIBIT A PROPOSAL (MDJ Proposal dated February 22, 2024) Gt 'RD IAN6 Work Order Signature Document EZIQC Contract No.: CA-R8-GB13.123021-MDJ © New Work Order Modify an Existing Work Order Work Order Number.: 122095.00 Work Order Date: 02/22/2024 Work Order Title: North Seal Beach Community Center Rehab Project.. Owner Name: City of Seal Beach Contractor Name: MDJ Management Contact: Kathryne Cho Contact: Matt McMillon Phone: (562)431 -2527x1321 Phone: 310-490-1521 Work to be Performed Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA-R8-GB13-123021-MDJ. Brief Work Order Description: Time of Performance Estimated Start Date: Estimated Completion Date: Liquidated Damages Will apply: I I Will not apply: E] Work Order Firm Fixed Price: $319,221.89 Owner Purchase Order Number: Approvals l 8/5/24 City of Seal Beach Date MDJ Management Date Work Order Signature Document Page 1 of 1 2/22/2024 Sou rceweDI G vR D IAN `kt Detailed Scope of Work To: Matt McMillon From: Kathryne Cho MDJ Management CALIFORNIA-City of Seal Beach 531 Main St#611 211 Eighth Street El Segundo, CA 90245 Seal Beach, CA 90740 310-490-1521 (562)431 -2527x1321 Date Printed: February 22, 2024 Work Order Number: 122095.00 Work Order Title: North Seal Beach Community Center Rehab Project.. Brief Scope: nPreliminary n Revised n Final The following items detail the scope of work as discussed at the site.All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. See attached. Subject to the terms and conditions of ezIQC Contract CA-R8-GB13-123021-MDJ. ll !�z,C n i i 8/5/24 MDJ Management Date City of Seal Beach Date Scope of Work Page 1 of 1 2/22/2024 1111S3 MDJ Management, LLC License# 1044711 DI R# 1000061313 531 Main St. #611 El Segundo CA 90245 310-490-1521 Job Name: Seal Beach Community Center Rehab Location: Seal Beach CA Customer: Seal Beach Submission Date: 2/22/24 Preliminary Scope of Work Exterior Wood Beams and Fascia • Cut off overhang joist tailings around building o Repair and reseal remaining • Remove all existing fascia and replace with new • Replace damaged plywood on front of building with new Landscape • Installation of 2 LED uplights • Plant drought resistant plants • New soil to be added as needed • New irrigation system installed • New concrete pad on side of building for trash bin • Move existing sign from current location to center of building at entrance Exterior Paint • Protect all surfaces and adjacent areas of paint work • Prepare walls, fascia, doors, and trim Scrape and sand as needed Small patch work where needed • Prime and Paint c Color TBD by client • Paint (1) bench Interior Paint • Protect all surfaces and adjacent areas of paint work • Prepare walls o Scrape and sand as needed Small patch work where needed 1 of 4 • Prime and Paint walls and trim o Main meeting room and entryway, office, kitchen, hallway to restrooms, and womens restroom • All other areas excluded from scope • Ceiling and rafters in main room excluded o Color TBD by client Kitchen • Refurbishment of Kitchen o New dual oven and hood o New countertops, sink, and faucet o Additional outlets on backsplash o New flooring o New tile backsplash o New LED light fixtures o New paint • Existing Cabinets o Refinish existing cabinets • Remove all doors and drawers • Sand all base and wall boxes • Sand all doors and drawer faces • Stain and seal all base and wall cabinets as well as door and drawer faces to match • Stain color TBD o New hardware installed Women's Restroom • Sink Area and Paint o Remove existing and installation of new sink, counter, faucet and mirror o Interior paint • Tile and Partitions o New tile on floor and walls up to 51 inches o Remove existing and installation of new partitions • All restroom accessories to remain in place o Including but not limited to: • Trash receptacle, toilet paper and seat cover dispensers, sanitary napkin dispenser and receptacle, soap dispenser, paper towel dispenser, ... Entry Flooring • Remove damaged flooring and match with new flooring Existing flooring to remain as is o New flooring patch work to match as close as possible Exterior LED • New LED lights to replace all existing lights Interior LED • New LED lights to replace all existing lights 2 of 4 Glass Doors • Remove (3) existing sliding glass doors • Glass system above doors to remain • New swing doors in same opening o Trim to match surrounding as close as possible Drinking Fountain • Remove wall around drinking fountain • New drywall to match existing • New flooring to replace where the wall was removed CLARIFICATIONS AND EXCLUSIONS: • Exclusions o See exclusion above o Work area to be cleared by others c Existing ceiling in and HVAC to remain as is • Any additional add on items will be at the request of Customer. Any adjustment shall be an additional cost. • Price to include all labor(Normal Working Hours - Prevailing Wage), materials, and equipment to complete this scope of work • Asbestos and Lead Report not included in plans o If area is found to be contaminated additional costs to be incurred CLARIFICATIONS AND EXCLUSIONS: • Warranty o One year warranty against workmanship Manufacturer's warranty varies • We exclude plans, permits, permit fees, related fees, testing and/or testing fees, inspection fees, survey or survey fees, and engineering fees unless specified above • We exclude utilities and hazardous or contaminated material • Construction water, power, and sanitary facilities available on site for MDJ's use at no cost • We exclude premium time unless specified above • We exclude anything not specifically mentioned above • MDJ reserves the right to review, change, and/or delete any provisions of any prime contract or subcontract, which results from this quotation • All terms to be net 30 days in full upon receipt of invoice. Interest will be charged at the rate of 2% monthly on the unpaid balance. BID PRICE: See Price Proposal All work to be completed in a substantial and workmanlike manner according to standard practices for the sum of See Price Proposal. Any additional add on items will be at the request of Customer. Any adjustment shall be an additional cost. Bid price is good for thirty (30) days only. 3 of 4 Any controversy or daim based on, arising out of, or relating to this agreement, or breach thereof, including any claim based on the work performed pursuant to this agreement, shall be submitted to the American Arbitration Association for binding arbitration in accordance with its rules. If any arbitration, legal action is brought to enforce this agreement, or arising out of or relating to the agreement, the prevailing party shall be entitled to recover from the non-prevailing party reasonable attorney fees and costs incurred, in addition to any and all other relief to which that party may be entitled. Submitted by: Matthew McMillon President MDJ 310.490.1521 matt@buildwithmdj.com 4 of 4 Contractor's Price Proposal - Summary Date: February 22,2024 Re: IOC Master Contract#: CA-R8-GB13-123021-MDJ Work Order#: 122095.00 Owner PO#: Title: North Seal Beach Community Center Rehab Project.. Contractor: MDJ Management Proposal Value: $319,221.89 Concrete Pad for trash $2,522.64 Exterior LED $26,690.94 Exterior Paint $33,109.04 Flooring in Entry $4,126.83 General $12,309.76 Glass Doors $41,555.96 Interior lights 522,604.56 Interior Paint 530,340.98 Kitchen 534,209.82 Kitchen Cabinets Option 1 536,904.85 Landscaping $13,852.38 Water faucet $1,535.55 Womens Restroom Sink and Paint $9,944.10 Womens Restroom Tile and Partitions $24,112.54 Wood Repairs $25,401.94 Proposal Total 5319,221.89 Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding. The Percentage of NPP on this Proposal: 13.02% Contractor's Price Proposal-Summary Page 1 of 1 2/22/2024 Contractor's Price Proposal - Detail Date: February 22,2024 Re: IQC Master Contract#: CA-R8-GB13-123021-MDJ Work Order#: 122095.00 Owner PO#: Title: North Seal Beach Community Center Rehab Project.. Contractor: MDJ Management Proposal Value: $319,221.89 Sect. Item Mod. UOM Description Line Total Labor Equip. Material (Excludes) Concrete Pad for trash 03 21 11 00 0003 LF #4,Grade 40,Beams And Girders,Steel Reinforcement Bar $107.63 Quantity Unit Price Factor Total Installation 96.00 x 0.99 x 1.1325 107.63 Rebar for new Concrete 2 03 21 11 00 0252 EA Dowels Or Hairpin,1/2"x 36"Length, Drilled And Epoxy In Concrete,>6"To $639.82 12"Embedment Quantity Unit Price Factor Total Installation = 24.00 x 23.54 x 1.1325 639.82 Dowels to secure new concrete to existing 3 03 31 13 00 0003 SF 4"3,000 PSI Slab On Grade Concrete Slabs Assembly $436.01 Quantity Unit Price Factor Total Installation 50.00 x 7.70 x 1.1325 436.01 new pad for dumpster 4 03 31 13 00 0003 0151 MOD For Up To 500,Add $169.31 Quantity Unit Price Factor Total Installation 50.00 x 2.99 x 1.1325 = 169.31 5 31 05 16 00 0002 CY #2 Stone Aggregate Fill(1-1/2"To 2-1/2"Clean) $248.75 Quantity Unit Price Factor Total Installation = 5.00 x 43.93 x 1.1325 248.75 base for slab 6 31 23 16 36 0009 CY Excavation For Building Foundations And Other Structures By Hand in Soil $701.36 Quantity Unit Price Factor Total Installation 5.00 x 123.86 x 1.1325 701.36 excavate down to level grade of sidewalk 7 31 23 16 36 0022 CY Compaction Of Fill Or Subbase For Building Foundations and Other Structures $219.76 by Hand Quantity Unit Price Factor Total Installation = 5.00 x 38.81 x 1.1325 219.76 compaction of base Subtotal for Concrete Pad for trash 52,522.64 Exterior LED 8 26 56 19 00 0264 EA 60 LEDs,68 Watt,Recessed Mount,Square,LED Soffit Fixture(CREE® $26,690.94 BetaLED®SFT-304) Quantity Unit Price Factor Total Installation 22.00 x 957.69 x 1.1325 23,860.85 Demolition 22.00 x 113.59 x 1.1325 = 2,830.09 Exterior LED lights Subtotal for Exterior LED 526,690.94 Exterior Paint Contractor's Price Proposal-Detail Page 1 of 17 2/22/2024 Contractor's Price Proposal - Detail Continues.. Work Order Number: 122095.00 Work Order Title: North Seal Beach Community Center Rehab Project.. Exterior Paint 9 01 22 20 00 0006 HR CarpenterFor tasks not included in the Construction Task Catalog®and as $833.52 directed by owner only. Quantity Unit Price Factor Total Installation 8.00 x 92.00 x 1.1325 833.52 2 guys 4 hours each to move existing sign from current location to new location in front of building. 10 01 56 16 00 0002 SF 6 Mil,Plastic Sheeting,Applied To Floors $1,030.58 Quantity Unit Price Factor Total Installation 2,600.00 x 0.35 x 1.1325 1,030.58 Plastic to protect exterior floors 01 56 16 00 0003 SF 6 Mil,Plastic Sheeting,Applied To Walls $1,274.06 Quantity Unit Price Factor Total Installation 2,500.00 x 0.45 x 1.1325 1,274.06 Plastic to protect exterior walls 12 01 74 23 00 0002 CSF Cleaning Of Existing Glass Surfaces $94.38 Quantity Unit Price Factor Total Installation = 3.00 x 27.78 x 1.1325 94.38 Cleaning of exterior windows 13 09 01 90 52 0020 SF Up To 5,000 PSI Pressure Wash,Metal Surfaces,Surface Preparation $1,064.55 Quantity Unit Price Factor Total Installation 2,000.00 x 0.47 x 1.1325 1,064.55 Pressure wash metal surfaces 14 09 01 90 52 0021 SF Power Tool Cleaning,Metal Surfaces,Surface Preparation $2,650.05 Quantity Unit Price Factor Total Installation 2,000.00 x 1.17 x 1.1325 = 2,650.05 Machine clean metal surfaces 15 09 01 90 52 0053 SF Up To 5,000 PSI Pressure Wash Plaster/Stucco Surfaces,Surface Preparation $3,737.25 Quantity Unit Price Factor Total Installation 6,000.00 x 0.55 x 1.1325 - 3,737.25 Cleaning of stucco before paint 16 09 91 13 00 0095 SF 1 Coat Primer,Brush/Roller Work,Paint Exterior Stucco Walls $5,707.80 Quantity Unit Price Factor Total Installation 6,000.00 x 0.84 x 1.1325 - 5,707.80 paint stucco 17 09 91 13 00 0095 0194 MOD For Work>15'To 20'Above Floor,AddApplied only to work area above 15'to $169.88 20'. Quantity Unit Price Factor Total Installation 1,500.00 x 0.10 x 1.1325 169.88 18 09 91 13 00 0097 SF 2 Coats Paint,Brush/Roller Work,Paint Exterior Stucco Walls $12,027.15 Quantity Unit Price Factor Total Installation 6,000.00 x 1.77 x 1.1325 = 12,027.15 paint stucco 19 09 91 13 00 0097 0194 MOD For Work>15'To 20'Above Floor,AddApplied only to work area above 15'to $356.74 20'. Quantity Unit Price Factor Total Installation 1,500.00 x 0.21 x 1.1325 356.74 20 09 91 13 000145 SF 1 Coat Primer,Brush Work,Paint Exterior Drywall/Plaster Ceiling $335.22 Quantity Unit Price Factor Total Installation 400.00 x 0.74 x 1.1325 335.22 Primer for exterior ceiling Contractor's Price Proposal-Detail Page 2 of 17 2/22/2024 Contractor's Price Proposal - Detail Continues.. Work Order Number: 122095.00 Work Order Title: North Seal Beach Community Center Rehab Project.. Exterior Paint 21 09 91 13 000145 0194 MOD For Work>15'To 20'Above Floor,AddApplied only to work area above 15'to $40.77 20'. Quantity Unit Price Factor Total Installation 400.00 x 0.09 x 1.1325 40.77 22 09 91 13 000147 SF 2 Coats Paint,Brush Work,Paint Exterior Drywall/Plaster Ceiling $647.79 Quantity Unit Price Factor Total Installation 400.00 x 1.43 x 1.1325 647.79 Paint for exterior ceiling 23 09 91 13 00 0147 0194 MOD For Work>15'To 20'Above Floor,AddApplied only to work area above 15'to $81.54 20'. Quantity Unit Price Factor Total Installation 400.00 x 0.18 x 1.1325 81.54 24 09 91 13 00 0309 LF 1 Coat Primer,Brush/Roller Work,Paint Fascia Board $509.63 Quantity Unit Price Factor Total Installation 750.00 x 0.60 x 1.1325 509.63 Primer for fascia 25 09 91 13 00 0311 LF 2 Coats Paint,Brush/Roller Work,Paint Fascia Board $900.34 Quantity Unit Price Factor Total Installation 750.00 x 1.06 x 1.1325 900.34 Paint for fascia 26 09 91 13 000313 SF 1 Coat Primer,Brush/Roller Work,Paint Soffit $603.06 Quantity Unit Price Factor Total Installation 750.00 x 0.71 x 1.1325 603.06 Primer for soffit 27 09 91 13 000315 SF 2 Coats Paint,Brush/Roller Work,Paint Soffit $1,044.73 Quantity Unit Price Factor Total Installation 750.00 x 1.23 x 1.1325 1,044.73 Paint for soffit Subtotal for Exterior Paint $33,109.04 Flooring in Entry 28 09 64 33 00 0007 SF Laminate Floor,With Attached Underlayment,Renovation PineAlso comes in $4,126.83 Weathered Wheat Oak. Quantity Unit Price Factor Total Installation 200.00 x 15.25 x 1.1325 3,454.13 Demolition 200.00 x 2.97 x 1.1325 = 672.71 Flooring and undertayment for entrance to match existing Subtotal for Flooring in Entry $4,126.83 General 29 01 22 16 00 0002 EA Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible -$3,981.68 costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee.If there are multiple Reimbursable Fees, list each one separately and add a comment in the"note"block to identify the Reimbursable Fee(e.g.sidewalk closure,road cut,various permits,extended warranty,expedited shipping costs,etc.).A copy of each receipt shall be submitted with the Price Proposal. Quantity Unit Price Factor Total Installation -3,981.68 x 1.00 x 1.0000 -3,981.68 Credit to hold pricing. Contractor's Price Proposal-Detail Page 3 of 17 2/22/2024 Contractor's Price Proposal - Detail Continues.. Work Order Number: 122095.00 Work Order Title: North Seal Beach Community Center Rehab Project.. General 30 01 22 16 00 0002 EA Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible $7,817.60 costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee.If there are multiple Reimbursable Fees, list each one separately and add a comment in the"note"block to identify the Reimbursable Fee(e.g.sidewalk closure,road cut,various permits,extended warranty,expedited shipping costs,etc.).A copy of each receipt shall be submitted with the Price Proposal. Quantity Unit Price Factor Total Installation 6,432.12 x 1.00 x 1.2154 7,817.60 Bond=$321,605.97 x 2% 31 01 22 23 00 0024 MO 34'Engine Powered,Articulating(Up/Over)Boom Man Lift With Platform $2,562.75 Quantity Unit Price Factor Total Installation 1.00 x 2,262.91 x 1.1325 - 2,562.75 lift to paint walls,fascia and trim 32 01 22 23 00 0063 MO 30'Electric,Scissor Platform Lift $2,232.58 Quantity Unit Price Factor Total Installation 1.50 x 1,314.25 x 1.1325 - 2,232.58 Use for entire project 33 01 71 13 00 0002 EA First 25 Miles,Equipment Delivery,Pickup, Mobilization And Demobilization $309.82 Using A Rollback Flatbed Trucklncludes loading,tie-down of equipment, delivery of equipment,off loading on site,rigging,dismantling,loading for return and transporting away.For equipment such as trenchers,skid-steer loaders(bobcats),industrial warehouse forklifts,sweepers,scissor platform lifts,telescoping and articulating boom man lifts with up to 40'boom lengths, etc. Quantity Unit Price Factor Total Installation 1.00 x 273.57 x 1.1325 309.82 Delivery of boom for wood repair 34 01 71 13 00 0004 EA First 25 Miles,Equipment Delivery,Pickup, Mobilization And Demobilization $1,058.46 Using A Tractor Trailer With Up To 53'Bedlncludes loading,tie-down of equipment,delivery of equipment,off loading on site,rigging,dismantling, loading for return and transporting away.For equipment such as bulldozers, motor scrapers,hydraulic excavators,gradalls,road graders,loader-backhoes, heavy duty construction loaders,tractors,pavers,rollers,bridge finishers, straight mast construction forklifts,telescoping boom rough terrain construction forklifts,telescoping and articulating boom man lifts with>40'boom lengths, etc. Quantity Unit Price Factor Total Installation 1.00 x 934.62 x 1.1325 1,058.46 Delivery of man lift 35 01 74 19 00 0016 EA 40 CY Dumpster(5 Ton)"Construction Debris"Includes delivery of dumpster, $2,310.23 rental cost,pick-up cost,hauling,and disposal fee.Non-hazardous material. Quantity Unit Price Factor Total Installation 3.00 x 679.98 x 1.1325 2,310.23 construction debris for entire project Subtotal for General $12,309.76 Glass Doors 36 08 00 00 00 0005 EA 3 sets of 72"x 79"swing doors $41,555.96 Quantity Unit Price Factor Total NPP Instalation 1.00 x 36,694.00 x 1.1325 41,555.96 removal of existing(3)sliding glass doors. Installation of(3)new swing doors. Due to customize size NPP required. Subtotal for Glass Doors $41,555.96 Interior lights Contractor's Price Proposal-Detail Page 4 of 17 2/22/2024 Contractor's Price Proposal - Detail Continues.. Work Order Number: 122095.00 Work Order Title: North Seal Beach Community Center Rehab Project.. Interior lights 37 26 51 16 00 0024 EA 2 T8 Lamps,1'x 4',Surface Mounted,Box Type Fluorescent Fixture $1,503.21 Quantity Unit Price Factor Total Installation 0.00 x 202.78 x 1.1325 0.00 Demolition 38.00 x 34.93 x 1.1325 = 1,503.21 Remove existing fluorescent lights 38 26 51 19 00 0323 EA 4"Diameter,500 Lumens,Recessed LED Downlight With Open Trim $21,101.35 (Lightolier C4L05DL) Quantity Unit Price Factor Total Installation 38.00 x 490.33 x 1.1325 21,101.35 New Interior lights Subtotal for Interior lights $22,604.56 Interior Paint 39 01 56 16 00 0002 SF 6 Mil,Plastic Sheeting,Applied To Floors $1,387.31 Quantity Unit Price Factor Total Installation 3,500.00 x 0.35 x 1.1325 1,387.31 Interior protection 40 01 56 16 00 0003 SF 6 Mil,Plastic Sheeting,Applied To Walls $1,019.25 Quantity Unit Price Factor Total Installation 2,000.00 x 0.45 x 1.1325 1,019.25 Interior protection 41 01 56 16 00 0085 LF 38"Wide,46 Mil Fiberboard,Ram Board®For Temporary Floor Protection $3,839.18 Quantity Unit Price Factor Total Installation 3,000.00 x 1.13 x 1.1325 3,839.18 for floor protection 42 01 74 23 00 0002 CSF Cleaning Of Existing Glass Surfaces $94.38 Quantity Unit Price Factor Total Installation = 3.00 x 27.78 x 1.1325 94.38 Cleaning of interior windows 43 09 65 13 130003 LF 4"High,1/8"Thick,Type TV Thermoplastic Vinyl Wall Base,All Colors $2,086.63 Quantity Unit Price Factor Total Installation 550.00 x 3.35 x 1.1325 2,086.63 New base around interior 44 09 91 23 00 0009 SF 2 Coats Paint,Brush/Roller Work,Paint Interior Brick Walls $2,480.18 Quantity Unit Price Factor Total Installation 1,500.00 x 1.46 x 1.1325 2,480.18 Paint for interior brick walls 45 09 91 23 00 0013 SF 1 Coat Bonding Agent,Brush Work,Paint Interior Brick Walls $1,460.93 Quantity Unit Price Factor Total Installation 1,500.00 x 0.86 x 1.1325 - 1,460.93 bonding agentfor interior brick walls 46 09 91 23 00 0065 SF 2 Coats Paint,Brush Work,Paint Interior Plaster/Drywall Walls $6,834.64 Quantity Unit Price Factor Total Installation 4,250.00 x 1.42 x 1.1325 - 6,834.64 Paint for wall 47 09 91 23 00 0067 SF 1 Coat Primer,Brush/Roller Work,Paint Interior Plaster/Drywall Walls $2,839.74 Quantity Unit Price Factor Total Installation 4,250.00 x 0.59 x 1.1325 - 2,839.74 Primer for wall Contractor's Price Proposal-Detail Page 5 of 17 2/22/2024 Contractor's Price Proposal - Detail Continues.. Work Order Number: 122095.00 Work Order Title: North Seal Beach Community Center Rehab Project.. Interior Paint 48 09 91 23 00 0255 LF 1 Coat Primer,Brush/Roller Work,Paint Interior Metal Door Frame And Trim $315.97 Quantity Unit Price Factor Total Installation 300.00 x 0.93 x 1.1325 315.97 Paint doors 49 09 91 23 00 0257 LF 2 Coats Paint,Brush/Roller Work,Paint Interior Metal Door Frame And Trim $693.09 Quantity Unit Price Factor Total Installation 300.00 x 2.04 x 1.1325 693.09 Paint doors 50 09 91 23 00 0259 EA 1 Coat Primer,Brush/Roller Work,One Face,Paint Interior Metal Door $293.00 Quantity Unit Price Factor Total Installation 6.00 x 43.12 x 1.1325 293.00 Primer on interior doors 51 09 91 23 00 0261 EA 2 Coats Paint,Brush/Roller Work,One Face,Paint Interior Metal Door $526.14 Quantity Unit Price Factor Total Installation 6.00 x 77.43 x 1.1325 526.14 Paint on interior doors 52 09 91 23 00 0353 SF 1 Coat Primer,Brush Work,Paint Interior Wood Trim $2,142.12 Quantity Unit Price Factor Total Installation 975.00 X 1.94 x 1.1325 2,142.12 Primer on interior wood trim 53 09 91 23 00 0355 SF 2 Coats Paint,Brush Work,Paint Interior Wood Trim $4,328.42 Quantity Unit Price Factor Total Installation 975.00 x 3.92 x 1.1325 4,328.42 Paint on interior trim Subtotal for Interior Paint 530,340.98 Kitchen 54 01 56 16 00 0002 SF 6 Mil,Plastic Sheeting,Applied To Floors $317.10 Quantity Unit Price Factor Total Installation 800.00 x 0.35 x 1.1325 317.10 for protection of adjacent areas 55 01 56 16 00 0003 SF 6 Mil,Plastic Sheeting,Applied To Walls $815.40 Quantity Unit Price Factor Total Installation 1,600.00 x 0.45 x 1.1325 815.40 for protection of adjacent areas 56 01 56 16 00 0004 SF 6 Mil,Plastic Sheeting,Applied To Ceilings $543.60 Quantity Unit Price Factor Total Installation 800.00 x 0.60 x 1.1325 543.60 for protection of adjacent areas 57 01 56 16 00 0026 EA 7'Zipper Door For Plastic Sheeting $20.40 Quantity Unit Price Factor Total Installation = 1.00 x 18.01 x 1.1325 20.40 zipper for barrier into kitchen 58 06 41 93 00 0002 EA 4"To 6"Long,1/2"Diameter,Cabinet Bar Pull $1,286.83 Quantity Unit Price Factor Total Installation 37.00 x 22.78 x 1.1325 954.54 Demolition 37.00 x 7.93 x 1.1325 = 332.29 removal of handles replaced with new handles Contractor's Price Proposal-Detail Page 6 of 17 2/22/2024 Contractor's Price Proposal - Detail Continues.. Work Order Number: 122095.00 Work Order Title: North Seal Beach Community Center Rehab Project.. Kitchen 59 09 30 13 00 0006 SF Less than 8"x 8"Mounted Wall Tilelndudes glazed porcelain,unglazed $552.15 porcelain and glazed ceramic tiles.Tiles mounted from back,side or front in 12"x 12",12"x 24",or similar sized sheets. Quantity Unit Price Factor Total Installation 35.00 x 13.93 x 1.1325 552.15 for backsplash 60 09 30 13 00 0006 0070 MOD For Up To 50,Add $312.74 Quantity Unit Price Factor Total Installation = 35.00 x 7.89 x 1.1325 312.74 61 09 30 13 00 0006 0074 MOD For High-Modulus,Low-Viscosity,High-Strength Chemical Resistant Epoxy $51.13 Grout,Add Quantity Unit Price Factor Total Installation 35.00 x 1.29 x 1.1325 = 51.13 62 09 31 13 00 0002 SF Thin Set-Latex Portland Cement Mortar $62.23 Quantity Unit Price Factor Total Installation = 35.00 x 1.57 x 1.1325 62.23 for backsplash 63 09 31 13 00 0002 0058 MOD For Up To 50,Add $51.93 Quantity Unit Price Factor Total Installation 35.00 x 1,31 x 1.1325 51.93 64 09 34 00 00 0002 SF Waterproof And Crack Prevention Membrane,RedGard® $124.07 Quantity Unit Price Factor Total Installation = 35.00 x 3.13 x 1.1325 124.07 for backsplash 65 09 34 00 00 0002 0058 MOD For Up To 50,Add $103.06 Quantity Unit Price Factor Total Installation = 35.00 x 2.60 x 1.1325 103.06 66 09 39 00 00 0017 SF 1/2"Tile Substrate And Building Panel(Schluter®KERDI BOARD) $299.26 Quantity Unit Price Factor Total Installation 35.00 x 7.55 x 1.1325 299.26 for backsplash 67 09 64 33 00 0007 SF Laminate Floor,With Attached Underlayment,Renovation PineAlso comes in $3,095.12 Weathered Wheat Oak. Quantity Unit Price Factor Total Installation 150.00 x 15.25 x 1.1325 2,590.59 Demolition 150.00 x 2.97 x 1.1325 = 504.53 new flooring in kitchen 68 09 65 13 130008 LF 6"High,1/8"Thick,Type TP Thermoplastic Rubber Wall Base,All Colors $294.90 Quantity Unit Price Factor Total Installation 60.00 x 4.34 x 1.1325 294.90 Wall base 69 09 65 13 13 0008 0453 MOD For>40 To 80,Add $21.06 Quantity Unit Price Factor Total Installation = 60.00 x 0.31 x 1.1325 21.06 70 09 91 23 00 0067 SF 1 Coat Primer,Brush/Roller Work,Paint Interior Plaster/Drywall Walls $100.23 Quantity Unit Price Factor Total Installation 150.00 x 0.59 x 1.1325 100.23 for new wall Contractor's Price Proposal-Detail Page 7 of 17 2/22/2024 Contractor's Price Proposal - Detail Continues.. Work Order Number: 122095.00 Work Order Title: North Seal Beach Community Center Rehab Project.. Kitchen 71 09 91 23 000067 0282 MOD For>100 To 250,Add $28.88 Quantity Unit Price Factor Total Installation 150.00 x 0.17 x 1.1325 28.88 72 09 91 23 00 0069 SF 2 Coats Paint,Brush/Roller Work,Paint Interior Plaster/Drywall Walls $202.15 Quantity Unit Price Factor Total Installation 150.00 x 1.19 x 1.1325 = 202.15 for new wall 73 09 91 23 000069 0282 MOD For>100 To 250,Add $61.16 Quantity Unit Price Factor Total Installation 150.00 x 0.36 x 1.1325 61.16 74 11 30 13 13 0006 EA 30"Free-Standing Electric Range With Oven(Hotpoint®RB525DHWW) $1,010.82 Quantity Unit Price Factor Total Installation 1.00 x 809.98 x 1.1325 917.30 Demolition 1.00 x 82.58 x 1.1325 = 93.52 New Oven 75 11 30 13 130015 EA 30"Venting Range Hood(Broan 40000) $344.87 Quantity Unit Price Factor Total Installation 1.00 x 242.58 x 1.1325 274.72 Demolition 1.00 x 61.94 x 1.1325 = 70.15 Remove and replace range hood 76 12 36 61 19 0003 SF 1-1/4"Thick,Quartz Agglomerate Countertop Without Backsplash $13,499.97 Quantity Unit Price Factor Total Installation x x = 11,409.48 90.00 111.94 1.1325 Demolition 90.00 x 20.51 x 1.1325 = 2,090.48 removal of existing countertop and installation of new 77 12 36 61 19 0007 EA Cutout For Sink And/Or Faucet In Quartz Agglomerate Countertop $158.36 Quantity Unit Price Factor Total Installation 1.00 x 139.83 x 1.1325 158.36 cutout for New sink 78 22 13 16 00 0599 EA 2"Polyvinyl Chloride(PVC)DWV P-Traps $106.31 Quantity Unit Price Factor Total Installation 1.00 x 63.83 x 1.1325 72.29 Demolition 1.00 x 30.04 x 1.1325 = 34.02 P trap for sink 79 22 42 16 160024 EA 32"x 20-1/2"x 7-7/8"Stainless Steel Kitchen Sink,Single Bowl,18 Gauge $1,466.75 (Elkay ELUHF3320)With Strainer(Elkay LK99) Quantity Unit Price Factor Total Installation 1.00 x 1,208.78 x 1.1325 1,368.94 Demolition 1.00 x 86.36 x 1.1325 = 97.80 Removal of existing and installation of new 80 22 42 39 00 0019 EA Brushed Nickel Single Handle Kitchen Faucet With Integrated Spray(Elkay $768.56 LKGT1041NK) Quantity Unit Price Factor Total Installation 1.00 x 631.71 x 1.1325 715.41 Demolition 1.00 x 46.93 x 1.1325 = 53.15 Removal of existing and installation of new 81 22 42 39 00 0215 EA 1/2"NPT x 3/8"Compression Chrome,Quarter Turn Angle Stop(SharkBite $92.48 23036) Quantity Unit Price Factor Total Installation 2.00 x 30.98 x 1.1325 70.17 Demolition 2.00 x 9.85 x 1.1325 = 22.31 angle stops for sink Contractor's Price Proposal-Detail Page 8 of 17 2/22/2024 Contractor's Price Proposal - Detail Continues.. Work Order Number: 122095.00 Work Order Title: North Seal Beach Community Center Rehab Project.. Kitchen 82 22 42 39 00 0218 PR 16"Long,3/8"OD x 1/2"IPS,Stainless Steel Braided Sink Supply Line(Pair) $46.23 Quantity Unit Price Factor Total Installation 1.00 x 30.00 x 1.1325 33.98 Demolition 1.00 x 10.82 x 1.1325 = 12.25 supply lines for sink 83 26 05 33 13 0010 CLF 3/4"Electrical Metallic Tubing(EMT)Conduit Assembly With 3#12 Copper $2,307.94 THHN And 1#12 Copper Insulated Grounding Conductorincludes conduit,set screw connectors,set screw couplings,straps,wire as indicated.Not for use where detail is available. Quantity Unit Price Factor Total Installation 2.00 x 1,018.96 x 1.1325 2,307.94 new electrical wiring,boxes,and GCFI outlets to replace existing outlets and add additional outlets 84 26 05 33 16 0004 EA 2-1/8"Depth,4"Square Steel Box $471.58 Quantity Unit Price Factor Total Installation 9.00 x 37.49 x 1.1325 382.12 Demolition 5.00 x 15.80 x 1.1325 = 89.47 new electrical wiring,boxes,and GCFI outlets to replace existing outlets and add additional outlets 85 26 05 33 16 0004 0478 MOD For Stud Bracket,Add $18.14 Quantity Unit Price Factor Total Installation 9.00 x 1.78 x 1.1325 = 18.14 86 26 05 33 16 0015 EA 5/8"Depth,2 Gang,4"Square Steel Mud Ring $137.70 Quantity Unit Price Factor Total Installation 9.00 x 13.51 x 1.1325 137.70 new electrical wiring,boxes,and GCFI outlets to replace existing outlets and add additional outlets 87 26 27 26 00 0009 EA 20 Amperes,1 Gang,GFI,Duplex Receptacle Assembly $1,201.10 Quantity Unit Price Factor Total Installation 7.00 x 111.48 x 1.1325 883.76 Demolition 7.00 x 40.03 x 1.1325 = 317.34 removal of existing and installation of new on backsplash of new wall 88 26 27 26 00 0009 EA 20 Amperes,1 Gang,GFI,Duplex Receptacle Assembly $1,136.26 Quantity Unit Price Factor Total Installation 9.00 x 111.48 x 1.1325 1,136.26 new electrical wiring,boxes,and GCFI outlets to replace existing outlets and add additional outlets 89 26 27 26 000140 EA 2 Gang,20 Amperes,120/277 Volt,SPST,Switch Assembly $646.20 Quantity Unit Price Factor Total Installation 3.00 x 136.73 x 1.1325 464.54 Demolition 3.00 x 53.47 x 1.1325 = 181.66 New switches 90 26 51 16 00 0104 EA 2 T8 Lamps,2'x 4',Volumetric,Recessed Fluorescent Fixture $203.17 Quantity Unit Price Factor Total Installation 0.00 x 439.12 x 1.1325 0.00 Demolition 4.00 x 44.85 x 1.1325 = 203.17 removal of existing lighting 91 26 51 16 00 0104 0207 MOD For Drywall Or Plaster Ceilings,Add $137.35 Quantity Unit Price Factor Total Installation 4.00 x 30.32 x 1.1325 137.35 Contractor's Price Proposal-Detail Page 9 of 17 2/22/2024 Contractor's Price Proposal - Detail Continues.. Work Order Number: 122095.00 Work Order Title: North Seal Beach Community Center Rehab Project.. Kitchen 92 26 51 19 00 0317 EA 6"Diameter,1,800 Lumens,Recessed LED Downlight With Open Trim $2,112.63 (Gotham®EVO®ALED) Quantity Unit Price Factor Total Installation 6.00 x 264.55 x 1.1325 1,797.62 Demdition 6.00 x 46.36 x 1.1325 = 315.02 New LED Subtotal for Kitchen $34,209.82 Kitchen Cabinets Option 1 93 01 22 20 00 0006 HR CarpenterFor tasks not included in the Construction Task Catalog®and as $33,340.80 directed by owner only. Quantity Unit Price Factor Total Installation 320.00 x 92.00 x 1.1325 33,340.80 4 guys for 8 hours a day for 10 days to refinish the existing to cabinets after faces have been removed. Then also refinish the existing faces. 94 01 95 06 00 0016 EA Removal And Replacement Of Residential Cabinet Doorincludes all hardware. $2,873.95 Quantity Unit Price Factor Total Installation 30.00 x 84.59 x 1.1325 2,873.95 for removal of existing and installation of newly refinished 95 01 95 06 00 0017 EA Removal And Replacement Of Residential Cabinet Drawerindudes all $690.10 hardware. Quantity Unit Price Factor Total Installation 6.00 x 101.56 x 1.1325 690.10 for removal of existing and installation of newly refinished Subtotal for Kitchen Cabinets Option 1 $36,904.85 Landscaping 96 26 55 13 000129 EA 15 Watt,LED Recessed Uplight $2,369.12 Quantity Unit Price Factor Total Installation 2.00 x 1,045.97 x 1.1325 2,369.12 2 LED uprights to light up sign 97 32 84 13 00 0006 EA 3/4",Latching Solenoid, Low Flow Remote Control Valve For Drip Emitter $96.18 Irrigation Systems(Rain Bird®LFV075TBOS) Quantity Unit Price Factor Total Installation 100 x 84.93 x 1.1325 96.18 for irrigation 98 32 84 13 00 0008 EA 3/4"Inlet/Outlet,Inline Basket Filter For Drip Emitter Irrigation Systems(Rain $147.80 Bird®QKCHK-075) Quantity Unit Price Factor Total Installation 100 x 130.51 x 1.1325 147.80 for irrigation 99 32 84 13 00 0017 EA 3/4", 120 To 600 GPH,30 PSI,Inline Pressure Regulator For Drip Emitter $57.83 Irrigation Systems(Rain Bird®PSI-M3OX-075) Quantity Unit Price Factor Total Installation 100 x 51.06 x 1.1325 57.83 for irrigation 100 32 84 13 00 0023 LF 1/4",UV-Resistant,Polyethylene, Distribution Tubing For Drip Emitter Irrigation $169.88 Systems(Rain Bird®XQ100) Quantity Unit Price Factor Total Installation 50.00 x 3.00 x 1.1325 169.68 for irrigation Contractor's Price Proposal-Detail Page 10 of 17 2/22/2024 Contractor's Price Proposal - Detail Continues.. Work Order Number: 122095.00 Work Order Title: North Seal Beach Community Center Rehab Project.. Landscaping 101 32 84 13 00 0023 0356 MOD For Shallow Trenching And Backfill By Hand,Add $330.69 Quantity Unit Price Factor Total Installation 50.00 x 5.84 x 1.1325 330.69 102 32 84 13 00 0026 EA 1/4",Barbed Coupling For Irrigation Tubing(Rain Bird®XBF1CONN) $91.39 Quantity Unit Price Factor Total Installation 30.00 x 2.69 x 1.1325 91.39 for irrigation 103 32 84 13 000027 EA 1/4",Barbed Elbow For Irrigation Tubing(Rain Bird®XBF2EL) $30.80 Quantity Unit Price Factor Total Installation 10.00 x 2.72 x 1.1325 30.80 for irrigation 104 32 84 13 000028 EA 1/4",Barbed Tee For Irrigation Tubing(Rain Bird®XBF3TEE) $31.26 Quantity Unit Price Factor Total Installation 10.00 x 2.76 x 1.1325 31.26 for irrigation 105 32 84 13 00 0041 EA 0.5 To 2 GPH,Six Outlet,Pressure Compensating Emitter For Drip Emitter $368.35 Irrigation Systems(Rain Bird®XB056) Quantity Unit Price Factor Total Installation 25.00 x 13.01 x 1.1325 368.35 for irrigation 106 32 84 13 00 0044 EA Adjustable Micro Spray With Spike For Drip Emitter Irrigation Systems(Rain $611.83 Bird®XS360TSPYK) Quantity Unit Price Factor Total Installation = 25.00 x 21.61 x 1.1325 611.83 for irrigation 107 32 84 13 00 0051 LF 0.536"ID,0.634"OD,Subsurface Drip Emitter Irrigation Tubing (Rain Bird® $229.90 XFS Copper Shield) Quantity Unit Price Factor Total Installation 50.00 x 4.06 x 1.1325 229.90 for irrigation 108 32 84 23 000109 EA 21.8"x 16.6"x 12"Depth, Rectangular Irrigation Valve Box With Lid (Rain $231.25 Bird®VB-STD) Quantity Unit Price Factor Total Installation 1.00 x 204.19 x 1.1325 231.25 for irrigation 109 32 84 23 000127 EA 7-Station,Four Program,Indoor Mount,Modular Irrigation Controller(Rain $453.17 Bird®ESP-MEI Series) Quantity Unit Price Factor Total Installation 1.00 x 400.15 x 1.1325 453.17 for irrigation 110 32 84 23 000451 EA 3/4"Threaded Reduced Pressure Zone Assembly With Quarter Turn Shut-offs $5,241.66 (Watts 009M3 QT series) Quantity Unit Price Factor Total Installation 7.00 x 661.20 x 1.1325 5,241.66 for irrigation 32 91 13 260005 SF Prepare And Mix Plant Bed By Hand,Up To 8"Deepincludes loosening $812.00 subgrade,removing stones,sticks,roots,rubbish,and raking surface. Excludes soil amendments. Quantity Unit Price Factor Total Installation 150.00 x 4.78 x 1.1325 812.00 for new plant beds Contractor's Price Proposal-Detail Page 11 of 17 2/22/2024 Contractor's Price Proposal - Detail Continues.. Work Order Number: 122095.00 Work Order Title: North Seal Beach Community Center Rehab Project.. Landscaping 112 32 91 13 26 0023 SY 4 Oz/SY Woven,Polypropylene Weed Barrier $136.58 Quantity Unit Price Factor Total Installation 45.00 x 2.68 x 1.1325 136.58 for new plant beds 113 32 93 13 00 0003 EA 5 Gallon Agave Attenuata-Century Plant $60.48 Quantity Unit Price Factor Total Installation 2.00 x 26.70 x 1.1325 60.48 exact plants TBD 114 32 93 13 00 0006 EA 5 Gallon Ceanothus'Carmel Creeper'-Wild Lilac $53.25 Quantity Unit Price Factor Total Installation 2.00 x 23.51 x 1.1325 53.25 exact plants TBD 115 32 93 13 000010 EA 5 Gallon Dietes Vegata-Fortnight Lily $41.36 Quantity Unit Price Factor Total Installation = 2.00 x 18.26 x 1.1325 41.36 exact plants TBD 116 32 93 13 000015 EA 1 Gallon Nassella Tenuissima-Mexican Feather Grass $31.17 Quantity Unit Price Factor Total Installation 2.00 x 13.76 x 1.1325 31.17 exact plants TBD 117 32 93 13 00 0016 EA 1 Gallon Trachelosper num Jasminoides-Star Jasmine $16.94 Quantity Unit Price Factor Total Installation 2.00 x 7.48 x 1.1325 16.94 exact plants TBD 118 32 93 13 000018 EA 1 Gallon Westringia Fruticosa-Coast Rosemary $16.78 Quantity Unit Price Factor Total Installation 2.00 x 7.41 x 1.1325 16.78 exact plants TBD 119 32 93 13 00 0021 EA 1 Gallon Acmispon galaber-Common Deerweed $27.32 Quantity Unit Price Factor Total Installation 2.00 x 12.06 x 1.1325 27.32 exact plants TBD 120 32 93 13 00 0022 EA 1 Gallon Acacia redolens-Bank Catdaw $11.33 Quantity Unit Price Factor Total Installation 2.00 x 5.00 x 1.1325 11.33 exact plants TBD 121 32 93 33 00 0011 EA 30"Balled and Burlapped,Aesculus parviflora'Rogers'-Rogers Bottlebrush $1,359.68 Buckeye Quantity Unit Price Factor Total Installation 5.00 x 240.12 x 1.1325 1,359.68 5 new bushes 122 32 93 83 00 0038 EA 5 Gallon Container Shrub Planting $292.30 Quantity Unit Price Factor Total Installation 5.00 x 51.62 x 1.1325 292 30 planting purchased plants 123 32 93 83 00 0064 EA 1 Gallon Container Groundcover And Flower Planting $186.98 Quantity Unit Price Factor Total Installation 10.00 x 16.51 x 1.1325 186.98 planting purchased plants Contractor's Price Proposal-Detail Page 12 of 17 2/22/2024 Contractor's Price Proposal - Detail Continues.. Work Order Number: 122095.00 Work Order Title: North Seal Beach Community Center Rehab Project.. Landscaping 124 32 93 83 00 0068 EA 5 Gallon Container Groundcover And Flower Planting $308.63 Quantity Unit Price Factor Total Installation 6.00 x 45.42 x 1.1325 308.63 planting purchased plants 125 32 94 49 00 0020 EA Stake Out Trees Or Shrubs $36.47 Quantity Unit Price Factor Total Installation 5.00 x 6.44 x 1.1325 36.47 planting purchased plants Subtotal for Landscaping $13,852.38 Water faucet 126 06 11 16 00 0061 SF 2"x 4"Wood Wall Framing At 16"On Center $49.60 Quantity Unit Price Factor Total Installation 0.00 x 1.64 x 1.1325 0.00 Demolition 60.00 x 0.73 x 1.1325 = 49.60 Remove wall around water faucet 127 06 11 16 00 0061 0003 MOD For Up To 200,Add $36.69 Quantity Unit Price Factor Total Installation 60.00 x 0.54 x 1.1325 36.69 128 09 29 10 00 0012 SF 5/8"Type C Fire Rated Gypsum Board $228.99 Quantity Unit Price Factor Total Installation 70.00 x 1.71 x 1.1325 = 135.56 Demolition 150.00 x 0.55 x 1.1325 = 93.43 New drywall around water faucet 129 09 29 10 00 0012 0053 MOD For Up To 128,Add $46.77 Quantity Unit Price Factor Total Installation 70.00 x 0.59 x 1.1325 46.77 130 09 29 10 00 0038 SF Up To 10'High,Walls,Tape,Spackle And Finish Gypsum Board $49.15 Quantity Unit Price Factor Total Installation 70.00 x 0.62 x 1.1325 49.15 Finish of new drywall 131 09 29 10 00 0038 0042 MOD For Up To 128,Add $19.03 Quantity Unit Price Factor Total Installation 70.00 x 0.24 x 1.1325 19.03 132 09 64 33 00 0007 SF Laminate Floor,With Attached Underiayment,Renovation PineAlso comes in $1,105.32 Weathered Wheat Oak. Quantity Unit Price Factor Total Installation 64.00 x 15.25 x 1.1325 1,105.32 New flooring to match around water faucet from removed wall Subtotal for Water faucet $1,535.55 Womens Restroom Sink and Paint 133 01 56 16 00 0002 SF 6 Mil,Plastic Sheeting,Applied To Floors $59.46 Quantity Unit Price Factor Total Installation 150.00 x 0.35 x 1.1325 59.46 Plastic to protect floors Contractor's Price Proposal-Detail Page 13 of 17 2/22/2024 Contractor's Price Proposal - Detail Continues.. Work Order Number: 122095.00 Work Order Title: North Seal Beach Community Center Rehab Project.. Womens Restroom Sink and Paint 134 01 56 16 00 0003 SF 6 Mil,Plastic Sheeting,Applied To Walls $152.89 Quantity Unit Price Factor Total Installation 300.00 x 0.45 x 1.1325 152.89 Plastic to protect walls 135 09 91 23 00 0065 SF 2 Coats Paint,Brush Work,Paint Interior Plaster/Drywall Walls $482.45 Quantity Unit Price Factor Total Installation 300.00 x 1.42 x 1.1325 482.45 Paint bathroom 136 09 91 23 00 0065 0283 MOD For>250 To 500,Add $64.55 Quantity Unit Price Factor Total Installation 300.00 x 0.19 x 1.1325 64.55 137 09 91 23 00 0067 SF 1 Coat Primer,Brush/Roller Work,Paint Interior Plaster/Drywall Walls $200.45 Quantity Unit Price Factor Total Installation 300.00 x 0.59 x 1.1325 200.45 Prime bathroom 138 09 91 23 00 0067 0283 MOD For>250 To 500,Add $23.78 Quantity Unit Price Factor Total Installation 300.00 x 0.07 x 1.1325 23.78 139 10 28 13 130373 EA 72"x 36",Surface Mounted,Stainless Steel Angle Frame Glass Mirror(Gamco $523.97 A-72x36) Quantity Unit Price Factor Total Installation 1.00 x 439.37 x 1.1325 497.59 Demolition 1.00 x 23.30 x 1.1325 = 26.39 Remove and replace mirror 140 12 36 61 19 0005 SF 1-1/4"Thick,Quartz Agglomerate Countertop With Backsplash $2,985.79 Quantity Unit Price Factor Total Installation 18.00 x 122.60 x 1.1325 2,499.20 Demolition 18.00 x 23.87 x 1.1325 = 486.59 Remove and replace counter top and backsplash 141 12 36 61 190007 EA Cutout For Sink And/Or Faucet In Quartz Agglomerate Countertop $158.36 Quantity Unit Price Factor Total Installation 1.00 x 139.83 x 1.1325 158.36 cutout for sink 142 22 01 40 81 0018 EA Removal And Replacement Of Sink Trap,Adjustable,1-1/2" $43.88 Quantity Unit Price Factor Total Installation 1.00 x 38.75 x 1.1325 43.88 Remove and replace sink trap 143 22 42 16 13 0020 EA 17"x 14"Vitreous China Undercounter Lavatory(American Standard OvalynT"') $581.83 Quantity Unit Price Factor Total Installation 1.00 x 437.73 x 1.1325 495.73 Demolition 1.00 x 76.03 x 1.1325 = 86.10 New Sink 144 22 42 39 00 0195 EA Single Hole,Chrome,Sensor Operated, Battery Or A/C Powered Lavatory $1,019.88 Faucet(Moen 8554AC) Quantity Unit Price Factor Total Installation 1.00 x 822.65 x 1.1325 931.65 Demolition 1.00 x 77.91 x 1.1325 = 88.23 New faucet Contractor's Price Proposal-Detail Page 14 of 17 2/22/2024 Contractor's Price Proposal - Detail Continues.. Work Order Number: 122095.00 Work Order Title: North Seal Beach Community Center Rehab Project.. Womens Restroom Sink and Paint 145 26 51 19 000323 EA 4"Diameter,500 Lumens, Recessed LED Downlight With Open Trim $3,646.81 (Lightolier C4L05DL) Quantity Unit Price Factor Total Installation 6.00 x 490.33 x 1.1325 3,331.79 Demolition 6.00 x 46.36 x 1.1325 = 315.02 New LED lights for bathroom Subtotal for Womens Restroom Sink and Paint $9,944.10 Womens Restroom Tile and Partitions 146 03 54 16 000008 SF 1"Thick Self Leveling Cementitious Underlayment For Floorslncluding Surface $1,700.45 Preparation Quantity Unit Price Factor Total Installation 150.00 x 10.01 x 1.1325 1,700.45 Bathroom underlayment 147 03 54 16 000008 0174 MOD For>100 To 250 SF,Add $11.89 Quantity Unit Price Factor Total Installation 150.00 x 0.07 x 1.1325 11.89 148 09 30 13 00 0004 SF 8"x 8"And Larger Unmounted Floor Tilelncludes glazed porcelain,unglazed $2,655.15 porcelain and glazed ceramic tiles. Quantity Unit Price Factor Total Installation 150.00 x 14.11 x 1.1325 2,396.94 Demolition 150.00 x 1.52 x 1.1325 = 258.21 New tile for floor 149 09 30 13 000004 0066 MOD For>50 To 250,Add $205.55 Quantity Unit Price Factor Total Installation 150.00 x 1.21 x 1.1325 = 205.55 150 09 30 13 00 0007 SF 8"x 8"And Larger Unmounted Wall Tielncludes glazed porcelain,unglazed $4,912.22 porcelain and glazed ceramic tiles. Quantity Unit Price Factor Total Installation 250.00 x 15.49 x 1.1325 - 4,385.61 Demolition 250.00 x 1.86 x 1.1325 = 526.61 New tile for walls 151 09 30 13 000007 0071 MOD For>50 To 250,Add $421.86 Quantity Unit Price Factor Total Installation 250.00 x 1.49 x 1.1325 421.86 152 09 30 13 000012 LF 6"High x 24"Long,Unpolished Ceramic Cove Base(Daltile Portfolio) $1,742.92 Quantity Unit Price Factor Total Installation 75.00 x 18.40 x 1.1325 - 1,562.85 Demolition 75.00 x 2.12 x 1.1325 = 180.07 Remove and replace cove base 153 09 32 13 00 0003 SF 1-1/4"Minimum Thickness Portland Cement Mortar Setting BedFor commercial $1,301.24 floors.Includes 15 LB felt and wire reinforcement. Quantity Unit Price Factor Total Installation 150.00 x 5.50 x 1.1325 934 31 Demolition 150.00 x 2.16 x 1.1325 = 366.93 Remove and Replace Mortar for new tile on floor 154 09 32 13 000003 0059 MOD For>50 To 250,Add $110.42 Quantity Unit Price Factor Total Installation 150.00 x 0.65 x 1.1325 110.42 Contractor's Price Proposal-Detail Page 15 of 17 2/22/2024 Contractor's Price Proposal - Detail Continues.. Work Order Number: 122095.00 Work Order Title: North Seal Beach Community Center Rehab Project.. Womens Restroom Tile and Partitions 155 09 32 13 00 0004 SF 3/4"Portland Cement Plaster Scratch Coat for WallsIncludes 15 LB felt and $4,671.56 expanded metal lath. Quantity Unit Price Factor Total Installation 250.00 x 11.65 x 1.1325 3,298.41 Demolition 250.00 x 4.85 x 1.1325 = 1,373.16 Mortal for tiles on walls 156 09 32 13 00 0004 0059 MOD For>50 To 250,Add $549.26 Quantity Unit Price Factor Total Installation 250.00 x 1.94 x 1.1325 549.26 157 09 34 00 00 0002 SF Waterproof And Crack Prevention Membrane,RedGard® $2,071.06 Quantity Unit Price Factor Total Installation 385.00 x 3.13 x 1.1325 1,364.72 Demolition 385.00 x 1.62 x 1.1325 = 706.34 waterproofing for new tile 158 10 21 13 13 0004 EA 36"x 60",Floor Anchored,Enamel Coated Steel,One Compartment Corner $3,175.75 Unit,Complete Toilet Partition Quantity Unit Price Factor Total Installation 3.00 x 829.81 x 1.1325 2,819.28 Demolition 3.00 x 104.92 x 1,1325 = 356.47 Remove and replace toilet partitions 159 10 21 13 130004 0178 MOD For Heavy Gauge Full-Height SS Hinges And Brackets,Add $583.21 Quantity Unit Price Factor Total Installation 3.00 x 171.66 x 1.1325 583.21 Subtotal for Womens Restroom Tile and Partitions $24,112.54 Wood Repairs 160 01 22 20 00 0006 HR CarpenterFor tasks not included in the Construction Task Catalog®and as $3,334.08 directed by owner only. Quantity Unit Price Factor Total Installation 32.00 x 92.00 x 1.1325 = 3,334.08 2 guys for 8 hours a day for 2 days to repair and replace damaged plywood on from of building. 161 01 22 20 00 0006 HR CarpenterFor tasks not included in the Construction Task Catalog®and as $5,001.12 directed by owner only. Quantity Unit Price Factor Total Installation 48.00 x 92.00 x 1.1325 5,001.12 2 guys for 8 hours a day for three days to saw,clean and finish exposed wood beams 162 06 01 10 91 0003 EA >5 To 25,Roof Beam Restoration And Filllncludes cutting out damaged/rotten $705.05 wood,filling with wood fiber restore material,and then with two-part epoxy,or polyester bondo,and sanding. Quantity Unit Price Factor Total Installation 12.00 x 51.88 x 1.1325 705.05 Bondo on damaged wood beams 163 06 46 29 00 0010 LF 2"x 12"Pine Fascia Board $15,849.34 Quantity Unit Price Factor Total Installation 1,500.00 x 6.90 x 1.1325 11,721.38 Demolition 1,500.00 x 2.43 x 1.1325 = 4,127.96 remove existing double stacked damaged fascia and installation of new. 164 09 91 23 00 0208 SF 1 Coat Primer,Brush Work,Paint Interior Wood Beams $148.13 Quantity Unit Price Factor Total Installation 120.00 x 1.09 x 1.1325 148.13 Primer over damaged endcaps Contractor's Price Proposal-Detail Page 16 of 17 2/22/2024 Contractor's Price Proposal - Detail Continues.. Work Order Number: 122095.00 Work Order Title: North Seal Beach Community Center Rehab Project.. Wood Repairs 165 09 91 23 00 0208 0278 MOD For Work>20'To 30'Above Floor,AddApplied only to work area above 20'to $31.26 30'. Quantity Unit Price Factor Total Installation 120.00 X 0.23 X 1.1325 31.26 166 09 91 23 00 0210 SF 2 Coats Paint,Brush Work,Paint Interior Wood Beams $274.52 Quantity Unit Price Factor Total Installation 120.00 X 2.02 X 1.1325 274.52 Paint over damaged endocarps 167 09 91 23 00 0210 0278 MOD For Work>20'To 30'Above Floor,AddApplied only to work area above 20'to $58.44 30'. Quantity Unit Price Factor Total Installation 120.00 X 0.43 X 1.1325 58.44 Subtotal for Wood Repairs 525,401.94 Proposal Total 5319,221.89 This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding. The Percentage of NPP on this Proposal: 13.02% Contractor's Price Proposal-Detail Page 17 of 17 2/22/2024 GR DIAN , Subcontractor Listing Date: February 22,2024 Re: IQC Master Contract#: CA-R8-GB13-123021-MDJ Work Order#: 122095.00 Owner PO#: Title: North Seal Beach Community Center Rehab Project.. Contractor: MDJ Management Proposal Value $319,221.89 Name of Contractor Dudes Amount S Tr-City Glass $36,000.00 11.28 Subcontractor Listing Page 1 of 1 2/22/2024 Yamashita Glass Co.,Inc. dba Tri-City Glass Bid Proposal T 22232 S.Avalon Blvd. Carson,Ca 90745 Phone(310)830-2410 Fax(310)830-2459 pit ci Lic#734899 Date Estimate# www.tricityglass.net 10/18/2023 189773 Name/Address Job Address MDJ Management, LLC 3333 Saint Cloud Dr 531 Main Street#611 Seal Beach,Ca 90740 El Segundo,CA 90245 Customer Contact Customer Phone# Matt 310-490-1521 Description Option# 1 Tri-City Glass to remove and dispose existing swing doors-transom(window above)to remain,new doors to be medium stile, off set with a continuos hinge, 10'bottom rail,overhead conceal closer, 10" off set back to back handle,interior thumb turn,exterior key cylinder, threshold, 1/4'clear tempered glass, 1 3/4"X 4"perimeter frame,all in a clear anodize finish. Size: (3) 143"X 79" -Pair of doors 72"X79" *Total$36,694.00 * Notes: *Price includes: material,tax and labor. *Does not include permit or permit fees. *Includes shop drawings. *Does not include engineer calculations. *Does not include energy calculations. *Work is estimated to be performed normal business hours(no after hours,weekends or holidays). *Labor rate estimated at Prevailing wage rate. *This estimate may not meet Title 24 requirements. *Does not include Waiver of Subrogation(if Required,will be an add). *Does not include any bonds. This proposal is not valid unless our Standard Terms and Conditions page is } Subtotal $0.00 signed,and both are submitted to us! If you are missing this page contact your estimator for a copy.Compare items listed on this bid carefully.We furnish no item/items not mentioned on this list.Due to a rapid increase in prices if materials Sales Tax (0.0%) $0.00 aren't ordered within 30 days of original proposal date, prices may increase causing additional costs.Pricing only valid for 30 days from date on all proposals! Total $0.00 ' . We accept Visa,.Mastercard,Discover&American Express Sales Rep. JL Page# 2 of 2 ■l�ill� 9 Yamashita Glass Co.Inc. dba Tri-City Glass L A�S , 22232 S.Avalon Boulevard Carson, CA 90745-3311 Phone(310)830-2410 Fax(310)830-2459 Lic.# 734899 Tri-City Glass Standard Terms and Conditions Tri-City Glass WILL: *Remove all labeling and its adhesive. *Remove all protective pads and its adhesive. *Remove smudges or fingerprints. *Remove any excessive sealant. *Clean all mirrors. Tri-City Glass WILL NOT: *Do any fine/final cleaning of glass,metal or removal of any substance left by contractor or other Subcontractors.(Unless otherwise specified in proposal) Tri-City Glass * Reserves the right to change prices without notice at any time prior to acceptance by the purchaser and approval by an authorized officer of Yamashita Glass Company Inc.dba Tri-City Glass. * The liability of Yamashita Glass Company Inc.dba Tri-City Glass if any, for damages to the purchaser or his property shall be limited to an amount not to exceed 10%of the agreed purchase price. * Not responsible for delay caused by strikes,labor trouble,or other causes beyond our control. * Not responsible for breakage of glass once installed. * Not responsible for customers glass,metal or material new or old. * In the event of a lien or lawsuit is filed,purchaser agrees to pay all costs and attorneys fees in addition to purchase contract price. This Proposal/Estimate DOES NOT INCLUDE THE FOLLOWING:(Unless specifically specified) * Any demolition *Any permit or permit fees*Any egress or ingress upgrades*Any board-up or security * Any shop drawings or calculations *Proposal does not have provisions for title 24 requirements. * Any provisions for"performance bonds"*Prevailing Wage rates* Insurance coverage WE OFFER: * Certificates of insurance are on standard Accord 25 2016/03 or additionally insured with our CG 20 10 12 19 blanket endorsements free of charge upon approval from our insurance carrier. Any primary,non- contributory or special wording can be provided for additional fees of$100 to$600(varies). * We carry$1 Million Per Occurrence, $2 Million General Aggregate, with a $5 Million Excess Umbrella coverage with an A rated carrier. * We carry$1 Million for Workman's Compensation. This coverage can include Waiver of Subrogation for an additional fee of$125-$600(varies)depending on the duration of the job/project-A+Rated. * We carry$1 Million for Auto Insurance.This covers any autos—A Rated. Payment Terms are(Unless prior arrangements in writing have been agreed upon): * 25%deposits to expedite project,25%upon delivery of materials,balance due upon completion or project (if job exceeds 30 days a progress payment will be required or if you have an account with us the terms are strictly net 30).Homeowners 10%deposit,40%upon delivery of materials,balance due upon completion. * If any part of these terms that are found to be unenforceable by law,all other terms will remain in effect. Scheduling/Pricing Note: Due to the pandemic, we have encountered lead times that are beyond our control. We are seeing major delays from our suppliers, which are receiving delays from their vendors and also shortages. We cannot be responsible for delays in deliveries and installation caused by our suppliers nor our supplier's vendors. This includes any back charges/liquidated damages. Due to inflation were seeing extreme increases in material costs which makes it hard to hold pricing. Upon your approval of the job we reserve the right to confirm the pricing is still valid and there is no increase. If you approve the job and you are not ready.for installation just know we reserve the right to confirm the pricing is still valid and any increases must be absorbed by the customer. This contract is not subject to verbal agreement of any nature, and is not subject to cancellation, and the buyer is liable for the full amount of the contract.I have read and understand scheduling conditions and will not hold Tri-City Glass responsible due to these conditions.By signing this you are agreeing to our insurance coverage and acknowledge that any additional items or special wording will be charged accordingly. This proposal is only valid for(30)days (Pricing subject to change-see pricing note) 189773 Customer Signature Customer Printed Name Date Estimate/Proposal Note:Please send the quote/estimate/proposal along with the signed terms when ordering. "F des 1erms&Conditions as of 06/2712022.doc" G vRDIAN Contractor's Non-Prepriced Worksheet Date: 2/22/2024 Re: Job Order 122095.00 Title North Seal Beach Community Center Rehab Project SECTION ITEM UOM DESCRIPTION 08 00 00 00 0005 EA 3 sets of 72"x 79"swing doors Install Price: 36,694.00 x Install Quantity: 1.00 = Install Total: $36,694.00 X Factor: 1.2250 Line Item Total: $44,950.15 For Work Performed with the Contractor's Own Forces: A. Direct Labor Costs through Foreman Level (Current Prevailing Wage Rate + Published Fringe Benefits) B. Direct Material Costs (Supported by 3 Quotes)* C. Direct Equipment Costs (For Equipment NOT in the CTC) Total Cost for Self-perform NPP Work Task= (A+B+C)x Non-Prepriced Work Task Adjustment Factor *Material Cost Quotes (Attach quotes from listed suppliers/subcontractors. A Justification Letter must be attached if 3 quotes are not furnished.) 1 Yamashita Glass Co Inc dba Tri-City Glass $ $36.694 00 2. $ 3. $ For Work Performed By Subcontractors: "Propitiatory work due to scope G. -3'' `_`='4 Subcontractor Costs" (Supported by Quotes)(This Should be the Price Entered into PROGEN) H. 1.2250 Contractor's Non Pre-Priced Adjustment Factor I• $44 950 15 Total Price for NPP Items being Performed by Subcontractors =G x H **Subcontractor Cost Quotes (Attach quotes from listed suppliers/subcontractors. A Justification Letter must be attached if 3 quotes are not furnished.) 1. $ 2. $ 3. $ Convert to Unit Price Non-Prepriced Worksheet EXHIBIT B CONTRACTOR'S SOURCEWELL CONTRACT (Indefinite Delivery-Indefinite Quantity Construction Contract No. CA-R8- GB13-123021-MDJ dated February 1, 2022 between Sourcewell and MDJ Management, LLC; Indefinite Delivery-Indefinite Quantity Construction Contract General Terms and Conditions; and Agreements to Modify and Extend dated January 11, 2023 and January 16, 2024 ) VUl.UOI II CI ive u e IL;.UJJUUr OY-LC/Jo-YLLM-Mr UU-MJOVOr/VI..JOJ UNIIk Sourcewell Indefinite Delivery-Indefinite Quantity Construction Contract Contract Number: CA-R8-GB13-123021-MDJ This Indefinite Delivery-Indefinite Quantity Construction Contract (Contract) is between Sourcewell, 202 12th Street Northeast, P.O. Box 219,Staples, MN 56479 and MD1 Management, LLC, 531 Main St.,#611 El Segundo, CA 90245 (Contractor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21)that offers cooperative procurement solutions to government entities. Participation is open to federal, state and municipal governmental entities, K-12 and higher education entities, nonprofit entities,tribal governments, and other public entities located within the United States. The Contractor desires to contract with Sourcewell to provide construction services to entities that access Sourcewell's indefinite delivery-indefinite quantity (IDIQ) construction contracts within the Region. I. TERM OF CONTRACT A. EFFECTIVE DATE.This Contract, including the General Terms and Conditions incorporated by reference, is effective upon the later of February 1, 2022 or the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires January 31,2023, unless it is terminated sooner pursuant to Article XX of the General Terms and Conditions, which are incorporated into this Contract by reference.This Contract may be extended up to three additional one-year periods upon request of Sourcewell and with written agreement by the Contractor, not to exceed a total of four years. II. REGION The Contractor's Region is as follows: Region 8. III. ADJUSTMENT FACTORS The Contractor will perform any or all Tasks in the Construction Task Catalog for the Unit Price appearing therein multiplied by the following Adjustment Factors. See the General Terms and Conditions for additional information. A. Normal Working Hours-Prevailing Wage Rate Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.0250. B. Other Than Normal Working Hours-Prevailing Wage Rate Projects: Work performed from 4:00 p.m. to 7:00 a.m. Monday to Friday, and any time Saturday, Sunday and Holidays.The Contractor will Rev.4/2021 Sourcewell IFB#CA-123021 Indefinite Delivery-Indefinite Quantity Construction Contracts in the State of California Page 1 uul.uoiyii GI Iveiupe IU.UJJVUr04-LUJD-4GLM-Mr UU-MJOVOr I IIJDJ perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.1100. C. Secured/Medical Facilities-Prevailing Wage Rate Projects:Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays.The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.1100. D. All-Union Wage Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays.The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.0250. E. Non pre-priced Adjustment Factor: To be applied to Work determined not to be included in the CTC but within the general scope of the work: 1.2250. VI. AUTHORIZED REPRESENTATIVE A. Sourcewell's Authorized Representative is its Chief Procurement Officer. B. The Contractor's Authorized Representative is Matthew McMillon. If the Contractor's Authorized Representative changes at any time during this Contract, Contractor must promptly notify Sourcewell in writing. Sourcewell MDJ Management, LLC —OocuSigned by E—DocuSigned by: )t,v y SCLIWAvf'y katttUAV M c/t.tabLA, By: ' 0r02A139005489 By: \—524C8C2D808444C Jeremy Schwartz, CSSBB, CPPO Matthew McMillon Title: Chief Procurement Officer Title: President Date: 1/28/2022 I 7:55 PM CST Date: 1/28/2022 I 1:03 PM CST Rev.4/2021 Sourcewell IFB#CA-123021 Indefinite Delivery-Indefinite Quantity Construction Contracts in the State of California Page 2 UUGUJIy II CIIVCIUpt IU.y/I Gr caw-I yUL-'I L' -O I r o-V/oo# r4.7U4CJ AGREEMENT TO MODIFY AND EXTEND SOURCEWELL CONTRACT #CA-R8-GB13-123021-MDJ THIS AGREEMENT TO MODIFY AND EXTEND, Sourcewell Contract#CA-R8-GB13-123021-MDJ, is effective upon the date of the last signature below. Sourcewell and MDJ Management, LLC ("Contractor") have entered into an Indefinite Quantity Construction Contract, Contract Number CA-R8-GB13-123021-MDJ, with an initial term ending January 31, 2023, and three bilateral options to extend for an additional one-year term ("Contract").The parties agree that the Contractor's Adjustment Factors will be modified, and that Sourcewell's offer of a one- year extension term will be accepted by Contractor. MODIFICATION: OPTION PERIOD Pursuant to the Contract, the following are the Adjustment Factors for the term ending January 31, 2024: Base Year Index First Year Index Date Index Date Index 1 December 2020 11625.95 1 December 2021 12481.82 2 January 2021 11627.94 2 January 2022 12555.55 3 February 2021 11698.79 3 February 2022 12683.97 4 March 2021 11749.75 4 March 2022 12791.43 5 April 2021 11849.32 5 April 2022 12898.96 6 May 2021 11989.91 6 May 2022 13004.47 7 June 2021 12112.05 7 June 2022 13110.50 8 July 2021 12237.69 8 July 2022 13167.84 9 August 2021 12463.13 9 August 2022 13171.07 10 September 2021 12464.55 10 September 2022 13173.43 11 October 2021 12464.94 11 October 2022 13174.92 12 November 2021 12467.32 12 November 2022 13174.98 Base Year Average 12062.6116 First Year Average 12830.9416 Adjustment: First Year Index Average = 12949.0783 = 1.0735 Base Year Index Average 12062.6116 uuuu.iyii ciiveiupe iu.vi I rcoti-I uL-Y.7vy-0irD-ur00/.11- uyw Adjustment Factor Original 02/01/23 CA-R8-GB13-123021-MDJ Adjustment through Factor x Adjustment = 01/31/24 Normal Working Hours—Prevailing Wage 1.0250 1.0735 1.1003 Other Than Normal Working Hours— Prevailing Wage 1.1100 1.0735 1.1916 Secured/Medical Facilities—Prevailing Wage Rate 1.1100 1.0735 1.1916 All-Union Wage 1.0250 1.0735 1.1003 Non Pre-Priced 1.2250 1.0000 1.2250 EXERCISE OF OPTION: EXTENSION Contractor and Sourcewell hereby desire and gree to extend the Contract,with the above modification, for the period February 1, 2023 through January 31, 2024. Sourcewell MDJ Management, LLC -DocuSigned by: ,-DocuSigned by: C0FD2A139D06489.. By: 86168E3542F24FC By: Jeremy Schwartz Matthew McMillon Title: Chief Procurement Officer Title: President Date:1/11/2023 I 10:03 AM CST Date: 1/11/2023 I 8:00 AM PST UUI.UJlyl I CI ivetupa IL/.Jr I olioMr-Cl/l/ll-Yt./JD- OI.C-U C.I UMU .)I uvv AGREEMENT TO MODIFY AND EXTEND SOURCEWELL CONTRACT #CA-R8-GB13-123021-MDJ THIS AGREEMENT TO MODIFY AND EXTEND, Sourcewell Contract#CA-R8-GB13-123021-MDJ, is effective upon the date of the last signature below. Sourcewell and MDJ Management, LLC ("Contractor") have entered into an Indefinite Quantity Construction Contract, Contract Number CA-R8-GB13-123021-MDJ,with an initial term ending January 31, 2023, and three bilateral options to extend for an additional one-year term ("Contract").The Contract has previously been extended by the parties for the term ending January 31, 2024. The parties agree that the Contractor's Adjustment Factors will be modified, and that Sourcewell's offer of a one- year extension term will be accepted by Contractor. MODIFICATION: OPTION PERIOD Pursuant to the Contract,the following are the Adjustment Factors for the term ending January 31, 2025: Base Year Index Second Year Index Date Index Date Index 1 December 2020 11625.95 1 December 2022 13160.29 2 January 2021 11627.94 2 January 2023 13175.03 3 February 2021 11698.79 3 February 2023 13175.93 4 March 2021 11749.75 4 March 2023 13176.30 5 April 2021 11849.32 5 April 2023 13229.57 6 May 2021 11989.91 6 May 2023 13288.27 7 June 2021 12112.05 7 June 2023 13345.00 8 July 2021 12237.69 8 July 2023 13424.98 9 August 2021 12463.13 9 August 2023 13472.56 10 September 2021 12464.55 10 September 2023 13485.67 11 October 2021 12464.94 11 October 2023 13497.97 12 November 2021 12467.32 12 November 2023 13510.57 Base Year Average 12062.6116 Second Year Average 13328.5116 Adjustment: Second Year Index Average = 13328.5116 = 1.1049 Base Year Index Average 12062.6116 Uul.u. III CI iv elope IIJ.Jr I OI.DHr-Cl,uu-4UJo O'...C-UC I OHVJJHUVu Adjustment Factor Original 02/01/24 CA-R8-GB13-123021-M DJ Adjustment through Factor x Adjustment = 01/31/25 Normal Working Hours—Prevailing Wage 1.0250 1.1049 1.1325 Other Than Normal Working Hours— Prevailing Wage 1.1100 1.1049 1.2264 Secured/Medical Facilities—Prevailing Wage Rate 1.1100 1.1049 1.2264 All-Union Wage 1.0250 1.1049 1.1325 Non Pre-Priced 1.2250 1.0000 1.2250 EXERCISE OF OPTION: EXTENSION Contractor and Sourcewell hereby desire and agree to extend the Contract,with the above modification, for the period February 1, 2024 through January 31, 2025. Sourcewell MDJ Management, LLC —DocuSigned by: E—DocuSigned by: SCL.Wav'tgj Ada c,t,w kAtit.ek, By: —COFD2A139D06489 . By: '-86168E3542F24FC Jeremy Schwartz Matthew McMillon Title: Chief Procurement Officer Title: President Date: 1/16/2024 I 8:46 PM CST Date: 1/16/2024 I 5:00 PM PST EXHIBIT C CONTRACT #012-024011207 FOR PUBLIC FACILITIES & IMPROVEMENTS, NORTH SEAL BEACH COMMUNITY CENTER, BETWEEN COUNTY OF ORANGE AND CITY OF SEAL BEACH ("COUNTY CDBG SUBRECIPIENT AGREEMENT" UUUUJItJ.11 CIIVellipC IL/ VDULUJI -C�/r1-41 J4-OJ4-I UJD I UIJCJJI`I O C) U �, -""- rr1 CONTRACT # 012-24011207 FOR PUBLIC FACILITIES & IMPROVEMENTS NORTH SEAL BEACH COMMUNITY CENTER IMPROVEMENTS BETWEEN COUNTY OF ORANGE AND CITY OF SEAL BEACH CFDA# i FAIN# PROGRAM/SERVICE TITLE FUNDING AGENCY 14.218 1 Pending Community Development Block U.S. Housing & Urban Grant (CDBG)/Housing Development (HUD) Rehabilitation, Public Facilities Ii & Improvements, and Public Services • County of Orange Page 1 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UUUUJKyII CIIVeRUpr IL) UDULOJ I -CAI M-4I J4-O0V4-!UOD I OLCJJ/-$ Table of Contents RECITALS 6 General Terms and Conditions: 8 A. Governing Law and Venue: 8 B. Entire Contract: 8 C. Amendments: 8 D. Intentionally left blank 8 E. Delivery. 8 F. Acceptance Payment. 8 G. Intentionally left blank: 8 H. Patent/Copyright Materials/Proprietary Infringement. 9 I. Assignment: 9 J. Non-Discrimination• 9 K. Termination: 9 L. Consent to Breach Not Waiver: 9 M. Independent Subrecipient• 9 N. Performance Warranty: 10 O. Insurance Requirements: 10 P. Changes: 13 Q. Change of Ownership/Name, Litigation Status, Conflicts with County Interest: 14 R. Force Majeure: 14 S. Confidentiality: 14 T. Compliance with Laws: 14 U. Intentionally left blank 15 V. Severability: 15 W. Attorney Fees: 15 X. Interpretation: 15 Y. Employee Eligibility Verification: 15 Z. Indemnification: 16 AA. Audits/Inspections. 16 BB. Contingency of Funds: 16 CC. Expenditure Limit: 16 Additional Terms and Conditions: 18 1. Scope of Contract: 18 County of Orange Page 2 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UULU.)JI I cm/elope IL) UDULUU I V-Cyl M-'1 I JH-OJy'+-/UJD I OLCJJ/4 2. Term of Contract: 18 3. Renewal: 18 4. Maximum Obligation: 18 5. Amendments - Changes/Extra Work: 18 6. Breach of Contract: 18 7. Conditions Affecting Work: 19 8. Civil Rights: 19 9. Conflict of Interest - Subrecipient's Personnel: 19 10. Conflict of Interest - County Personnel: 19 11. Consulting Contract - Follow-On Work: 19 12. Project Manager, County: 20 13. Subrecipient's Project Manager and Key Personnel: 20 14. Subrecipient Personnel - Reference Checks: 20 15. Data - Title To: 21 16. Licenses: 21 17. Disputes - Contract: 21 18. EDD Independent Subrecipient Reporting Requirements: 22 19. Emergency/Declared Disaster Requirements: 22 20. Errors and Omissions: 22 21. Non-Supplantation of Funds: 23 22. Satisfactory Work: 23 23. Access and Records: 23 24. Signature in Counterparts: 24 25. Reports/Meetings: 24 26. Subcontracting: 24 27. Equal Employment Opportunity: 24 28. Gratuities: 25 29. News/Information Release: 25 30. Notices: 25 31. Ownership of Documents 26 32. Precedence: 26 33. Termination - Orderly: 26 34. County Branding Requirements - Publicity, Literature, Advertisement and Social Media: 26 Program Specific Terms and Conditions: 28 County of Orange Page 3 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UUI:UOI II CI ivuiu Ie IL).UOULU:J1d-ClV M-4 I J4-OJV4-I UJD I UI,CJJI4 35. Debarment. 28 36. Lobbying: 28 37. Fraud• 28 38. Fiscal Accountability: 28 39. Performance Standards:. 29 40. Budget Schedule: 29 41. Payment Requirements: 29 42. Modification of Budget: 31 43. Annual Audit: . 32 44. UEI and D-U-N-S Numbers and Related Information: 32 45. Program Income: 33 46. Performance. 33 47. Performance Monitoring: 35 48. Federal Administrative and Related Requirements: 35 49. Definitions: 47 Signature Page 49 County of Orange Page 4 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 uut.uoIIyI I CI IVC'IUpt IL VDUGOOI y-CyI M-4 I J4-OJy4-I UOD I OIJCJJl ATTACHMENTS Attachment A- Scope of Services Attachment B - Payment/Compensation Attachment C - Budget Schedule Attachment D - Staffing Plan Attachment E - Performance Standards EXHIBITS Exhibit 1— OC Community Resources Contract Reimbursement Policy Exhibit 2 — Drug Free Workplace Certification Exhibit 3 — Debarment and Suspension Certificate Exhibit 4 — Disclosure Form to Report Lobbying Exhibit 5 - Lobbying Certification County of Orange Page 5 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 uuLuolyl I CIIv lupe IU uou ou I V-EW/M-4 I J4-OJ4-/UOD I OI,CJJ/4 Contract #012-24011207 with City of Seal Beach for Public Facilities & Improvements This Contract#012-24011207 for Public Facilities & Improvements (hereinafter referred to as "Contract") is made and entered into as of the date fully executed by and between the County of Orange, a political subdivision of the State of California; hereinafter referred to as "County" and City of Seal Beach, DUNS #060752607 and Unique Entity ID #J2JWJVWQ8EA6 , a California Municipality, with a place of business at 211 Eighth Street, Seal Beach, CA 90740 (hereinafter referred to as "Subrecipient"), with County and Subrecipient sometimes referred to as "party" or collectively as "parties". ATTACHMENTS This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract: Attachment A— Scope of Services Attachment B — Payment/Compensation Attachment C — Budget Schedule Attachment D — Staffing Plan Attachment E - Performance Standards RECITALS WHEREAS, Subrecipient and County are entering into this Contract for Public Facilities & Improvements under a cost reimbursement Contract; and WHEREAS, County solicited Contract for Public Facilities & Improvements as set forth herein, and Subrecipient represented that it is qualified to provide Housing Rehabilitation to the County as further set forth here; and WHEREAS, Subrecipient agrees to provide Public Facilities & Improvements to the County as further set forth in the Scope of Service, attached hereto as Attachment A; and WHEREAS, County agrees to pay Subrecipient based on the schedule of fees set forth in Payment/Compensation, attached hereto as Attachment B; and WHEREAS, Subrecipient agrees to manage allotted funding set forth in the Budget Schedule, attached hereto as Attachment C; and WHEREAS, Subrecipient agrees to provide staff set forth in Staffing Plan, attached hereto as Attachment D; and County of Orange Page 6 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 uui uolyii CIivelupe 11J ODOLOO 1 V-CUt M-4 I J4-OJtl4-t UJD I OIoCJJ1 4 WHEREAS, Subrecipient agrees to meet the Performance Standards requirements set forth in attached hereto as Attachment E; and WHEREAS, the County Board of Supervisors has authorized the OC Community Resources Director or his designee to enter into a Contract for Public Facilities & Improvements with the Subrecipient to carry out certain program services and activities for the Fiscal Year 2024-25 NOW, THEREFORE, the Parties mutually agree as follows: County of Orange Page 7 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UUGUOIyII CI IV eiui IL/.VDV4O0I`J-C:1/M-9 I J4-OJy'1-/UOD I OILCJJ/9 ARTICLES General Terms and Conditions: A. Governing Law and Venue: This Contract has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county. B. Entire Contract: This Contract contains the entire Contract between the parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any County employee or agent, including but not limited to installers of software, shall not be valid or binding on County unless accepted in writing by County's Contract Administrator. C. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. D. Intentionally left blank E. Delivery: Time of delivery of goods or services is of the essence in this Contract. County reserves the right to refuse any goods or services and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed Scope of Services. Acceptance of any part of the order for goods shall not bind County to accept future shipments nor deprive it of the right to return goods already accepted at Subrecipient's expense. Over shipments and under shipments of goods shall be only as agreed to in writing by County. Delivery shall not be deemed to be complete until all goods or services have actually been received and accepted in writing by County. F. Acceptance Payment: Unless otherwise agreed to in writing by County, 1)acceptance shall not be deemed complete unless in writing and until all the goods/services have actually been received, inspected, and tested to the satisfaction of County, and 2) payment shall be made in arrears after satisfactory acceptance. G. Intentionally left blank: County of Orange Page 8 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 IJU(.UOIyI CI IVCIVpt IL/.VDVLOJI M-4 I J4-OJ4-/UJD I VILCJJ/4 H. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this Contract, Subrecipient shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Subrecipient warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Subrecipient agrees that, in accordance with the more specific requirement contained in paragraph "Z" below, it shall indemnify, defend and hold County and County Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney's fees. I. Assignment: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Subrecipient without the express written consent of County. Any attempt by Subrecipient to assign the performance or any portion thereof of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract. J. Non-Discrimination: In the performance of this Contract, Subrecipient agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Subrecipient acknowledges that a violation of this provision shall subject Subrecipient to penalties pursuant to Section 1741 of the California Labor Code. K. Termination: In addition to any other remedies or rights it may have by law, County has the right to immediately terminate this Contract without penalty for cause or after 30 days' written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of the Subrecipient. Exercise by County of its right to terminate the Contract shall relieve County of all further obligation. L. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. M. Independent Subrecipient: Subrecipient shall be considered an independent contractor and neither Subrecipient, its employees, nor anyone working under Subrecipient shall be considered an agent or an employee of County. Neither Subrecipient, its employees nor anyone working under Subrecipient shall qualify for workers' compensation or other fringe benefits of any kind through County. County of Orange Page 9 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UOL.1101y'I CI IV elope IU.ODOLOO I--CV/M-4 I J4-OJU4-/UJD I OI,CJJ/4 N. Performance Warranty: Subrecipient shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County's satisfaction. Subrecipient shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Subrecipient under this Contract. Subrecipient shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Subrecipient shall be fully responsible for all work performed by subcontractors. O. Insurance Requirements: Prior to the provision of services under this Contract, the Subrecipient agrees to carry all required insurance at Subrecipient's expense, including all endorsements required herein, necessary to satisfy the County that the insurance provisions of this Contract have been complied with. Subrecipient agrees to keep such insurance coverage current, provide Certificates of Insurance, and endorsements to the County during the entire term of this Contract. Subrecipient shall ensure that all subcontractors performing work on behalf of Subrecipient pursuant to this Contract shall be covered under Subrecipient's insurance as an Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for Subrecipient. Subrecipient shall not allow subcontractors to work if subcontractors have less than the level of coverage required by County from Subrecipient under this Contract. It is the obligation of Subrecipient to provide notice of the insurance requirements to every subcontractor and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of insurance must be maintained by Subrecipient through the entirety of this Contract for inspection by County representative(s) at any reasonable time. All self-insured retentions (SIR)'s shall be clearly stated on the Certificate of Insurance. Any SIR in excess of Fifty Thousand Dollars $50,000 shall specifically be approved by the County's Risk Manager, or designee. The County reserves the right to require current audited financial reports from Subrecipient. If Subrecipient is self-insured, Subrecipient will indemnify the County for any and all claims resulting or arising from Subrecipient's services in accordance with the indemnity provision stated in this contract. If the Subrecipient fails to maintain insurance acceptable to the County for the full term of this Contract, the County may terminate this Contract. Qualified Insurer The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by County of Orange Page 10 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 IJULUOIIyI I CI!Veil/it IL) UDULOO I V-CVI M-4 I J4-OJU4-I UJD I OL.CJJ/4 the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). If the insurance carrier does not have an A.M. Best Rating of A-NIII, CEO/ Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings. The policy or policies of insurance maintained by the Subrecipient shall provide the minimum limits and coverage as set forth below: Coverage Minimum Limits Commercial General Liability $1,000,000 per occurrence $2,000,000 aggregate Automobile Liability including coverage $1,000,000 per occurrence for owned, non-owned and hired vehicles Workers Compensation Statutory Employers Liability Insurance $1,000,000 per accident or disease Network Security & Privacy $1,000,000 per claims-made Liability Professional Liability $1,000,000 per claims-made or occurrence $1,000,000 aggregate Sexual Misconduct $1,000,000 per occurrence Employee Dishonesty $100,000 per occurrence Increased insurance limits may be satisfied with Excess/Umbrella policies. Excess/Umbrella policies when required must provide Follow Form coverage. Required Coverage Forms The Commercial General Liability coverage shall be written on occurrence basis utilizing Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA 00 20, or a substitute form providing coverage at least as broad. County of Orange Page I I of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UULUJIIJII CI ivetupe IL/.UOULUOIU-CJ/M-4 I J4-OJy4-/UU0 I OL,CJJI4 Required Endorsements The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance: 1) An Additional Insured endorsement using ISO form CG 20 26 04 13, or a form at least as broad naming the County of Orange its elected and appointed officials, officers, employees, and agents as Additional Insureds, or provide blanket coverage, which will state As Required by Written Contract. 2) A primary non-contributory endorsement using ISO form CG 20 01 04 13, or a form at least as broad evidencing that the Subrecipient's insurance is primary, and any insurance or self-insurance maintained by the County shall be excess and non- contributing. The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, its elected and appointed officials, officers, employees, and agents or provide blanket coverage, which will state As Required by Written Contract. The Network Security and Privacy Liability policy shall contain the following endorsements which shall accompany the Certificate of Insurance: 1) An Additional Insured endorsement naming the County of Orange, its elected and appointed officials, officers, employees, and agents as Additional Insureds for its vicarious liability. 2) A primary and non-contributory endorsement evidencing that the Subrecipient's insurance is primary, and any insurance or self-insurance maintained by the County shall be excess and non-contributing. All insurance policies required by this Contract shall waive all rights of subrogation against the County of Orange, its elected and appointed officials, officers, employees, and agents when acting within the scope of their appointment or employment. The County of Orange shall be the loss payee on the Employee Dishonesty coverage. A Loss Payee endorsement evidencing that the County of Orange is a Loss Payee shall accompany the Certificate of Insurance. Subrecipient shall provide thirty (30) days prior written notice to the County of any policy cancellation or non-renewal and ten (10) days prior written notice where cancellation is due to non-payment of premium and provide a copy of the cancellation notice to County. Failure to provide written notice of cancellation may constitute a material breach of the Contract, upon which the County may suspend or terminate this Contract. County of Orange Page 12 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UUUU. IIyII CIIVCIu)e IL/.UDUGOJ I U-CU//1-4I J'-OJU'i-!UJD I OI.CJJ/'i If Subrecipient's Professional Liability, and/or Network Security & Privacy Liability are "Claims-Made" policy(ies), Subrecipient shall agree to the following: 1) The retroactive date must be shown and must be before the date of the Contract or the beginning of the Contract services. 2) Insurance must be maintained, and evidence of insurance must be provided for at least three (3) years after expiration or earlier termination of Contract services. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the contract services, Subrecipient must purchase an extended reporting period for a minimum of three (3) years after expiration of earlier termination of the Contract. The Commercial General Liability policy shall contain a severability of interests clause also known as a "separation of insureds" clause (standard in the ISO CG 0001 policy). Insurance certificates should be forwarded to the agency/department address listed on the solicitation. If the Subrecipient fails to provide the insurance certificates and endorsements within seven (7) days of notification by CEO/Purchasing or the agency/department purchasing division, award may be made to the next qualified vendor. County expressly retains the right to require Subrecipient to increase or decrease insurance of any of the above insurance types throughout the term of this Contract. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County. County shall notify Subrecipient in writing of changes in the insurance requirements. If Subrecipient does not provide acceptable Certificates of Insurance and endorsements to County incorporating such changes within thirty(30) days of receipt of such notice, this Contract may be in breach without further notice to Subrecipient, and County shall be entitled to all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit Subrecipient's liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract, nor act in any way to reduce the policy coverage and limits available from the insurer. P. Changes: Subrecipient shall make no changes in the work or perform any additional work without the County's specific written approval. County of Orange Page 13 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 IJUGUOIIy(I cm/ewe IL/.UOUGO.7 I U-CU/M-'+I J9-O.) 'i-/L) D I Ol.CJJ/'$ Q. Change of Ownership/Name, Litigation Status, Conflicts with County Interest: Subrecipient agrees that if there is a change or transfer in ownership of Subrecipient's business prior to completion of this Contract, and the County agrees to an assignment of the Contract, the new owners shall be required under terms of sale or other instruments of transfer to assume Subrecipient's duties and obligations contained in this Contract and complete them to the satisfaction of the County. County reserves the right to immediately terminate the Contract in the event the County determines that the assignee is not qualified or is otherwise unacceptable to the County for the provision of services under the Contract. In addition, Subrecipient has the duty to notify the County in writing of any change in the Subrecipient's status with respect to name changes that do not require an assignment of the Contract. The Subrecipient is also obligated to notify the County in writing if the Subrecipient becomes a party to any litigation against the County, or a party to litigation that may reasonably affect the Subrecipient's performance under the Contract, as well as any potential conflicts of interest between Subrecipient and County that may arise prior to or during the period of Contract performance. While Subrecipient will be required to provide this information without prompting from the County any time there is a change in Subrecipient's name, conflict of interest or litigation status, Subrecipient must also provide an update to the County of its status in these areas whenever requested by the County. The Subrecipient shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with County interests. In addition to the Subrecipient, this obligation shall apply to the Subrecipient's employees, agents, and subcontractors associated with the provision of goods and services provided under this Contract. The Subrecipient's efforts shall include, but not be limited to establishing rules and procedures preventing its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers in the performance of their duties. R. Force Majeure: Subrecipient shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Subrecipient gives written notice of the cause of the delay to County within 36 hours of the start of the delay and Subrecipient avails himself of any available remedies. S. Confidentiality: Subrecipient agrees to maintain the confidentiality of all County and County-related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such records and information shall be considered confidential and kept confidential by Subrecipient and Subrecipient's staff, agents and employees. T. Compliance with Laws: Subrecipient represents and warrants that services to be provided under this Contract shall fully comply, at Subrecipient's expense, with all County of Orange Page 14 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UUGUJPyII CIIveiope IL).UDULOO I V-CW//1-4 I a'-OJU'+-/UOD I OI.CJJ/4 standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively "laws"), including, but not limited to those issued by County in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by County. Subrecipient acknowledges that County is relying on Subrecipient to ensure such compliance, and pursuant to the requirements of paragraph "Z" below, Subrecipient agrees that it shall defend, indemnify and hold County and County Indemnitees (defined below) harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws. U. Intentionally left blank V. Severability: If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. W. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract, each party shall bear their own attorney's fees, costs and expenses. X. Interpretation: This Contract has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to affect the purpose of the parties and this Contract. Y. Employee Eligibility Verification: The Subrecipient warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. The Subrecipient shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. The Subrecipient shall retain all such documentation for all covered employees for the period prescribed by the law. The Subrecipient shall indemnify, defend with counsel approved in writing by County, and hold harmless, the County, and its County Indemnitees, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against the Subrecipient or the County or County Indemnitees, any combination of the three in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract. County of Orange Page 15 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UUI:U. Iy.I I CI iveiope IL/.VOULUO I M-4 I J4-OJW4-/UUD IUI.COOl4 Z. Indemnification: Subrecipient agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees, agents and those special districts and agencies which County's Board of Supervisors acts as the governing Board ("County Indemnitees") harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by Subrecipient pursuant to this Contract. If judgment is entered against Subrecipient and County by a court of competent jurisdiction because of the concurrent active negligence of County or County Indemnitees, Subrecipient and County agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. AA. Audits/Inspections: Subrecipient agrees to permit the County's Auditor-Controller or the Auditor-Controller's authorized representative (including auditors from a private auditing firm hired by the County) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Subrecipient for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of the Contract including, but not limited to, the costs of administering the Contract. The County will provide reasonable notice of such an audit or inspection. The County reserves the right to audit and verify the Subrecipient's records before final payment is made. Subrecipient agrees to maintain such records for possible audit for a minimum of three years after final payment, unless a longer period of records retention is stipulated under this Contract or by law. Subrecipient agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Subrecipient agrees to include a similar right to the County to audit records and interview staff of any subcontractor related to performance of this Contract. Should the Subrecipient cease to exist as a legal entity, the Subrecipient's records pertaining to this Contract shall be forwarded to the County's Project Manager. BB. Contingency of Funds: Subrecipient acknowledges that funding or portions of funding for this Contract may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by, the State of California to County; receipt of funds from the Department of Housing and Urban Development ("HUD"), and inclusion of sufficient funding for the services hereunder in the budget approved by County's Board of Supervisors for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, County may immediately terminate or modify this Contract without penalty. CC. Expenditure Limit: The Subrecipient shall notify the County of Orange assigned Contract Administrator in writing when the expenditures against the Contract reach 75 County of Orange Page 16 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 L/UUUJIIyI I CI iv CIUpC IL).UDVGOO I y-CW/M-4I J4-OJU4-/UOD I OL.CJJ/4 percent of the dollar limit on the Contract. The County will not be responsible for any expenditure overruns and will not pay for work exceeding the dollar limit on the Contract unless a written and approved change order to cover those costs has been issued. Board of Supervisor approval may be required. County of Orange Page 17 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UUGUJIIyII CI IVCIUFJt IU.UOULOJ I e-C /M-•+I J'hOa '-I UJO I QL.CJJ I9 Additional Terms and Conditions: 1. Scope of Contract: This Contract specifies the contractual terms and conditions by which the County will procure Public Facilities & Improvements from Subrecipient as further detailed in the Scope of Services, identified and incorporated herein by this reference as "Attachment A". 2. Term of Contract: This Contract shall commence on July 1, 2024 and continue through June 30, 2025, unless otherwise terminated by the County and may be renewed as set forth in paragraph 3 below. 3. Renewal: This Contract may not be renewed. 4. Maximum Obligation: The total Maximum Obligation of County to the Subrecipient for the cost of services provided in accordance with this Contract is $350,000, with individual Maximum Obligation budgets for each Fiscal Year as further detailed in the Budget Schedule, identified and incorporated herein by this reference as Attachment „C„ 5. Amendments - Changes/Extra Work: The Subrecipient shall make no changes to this Contract without the County's written consent. In the event that there are new or unforeseen requirements, the County has the discretion with the Subrecipient's concurrence, to make changes at any time without changing the scope or price of the Contract. If County-initiated changes or changes in laws or government regulations affect price, the Subrecipient's ability to deliver services, or the project schedule, the Subrecipient will give County written notice no later ten (10) days from the date the law or regulation went into effect or the date the change was proposed and Subrecipient was notified of the change. Such changes shall be agreed to in writing and incorporated into a Contract amendment. Said amendment shall be issued by the County-assigned Contract Administrator, shall require the mutual consent of all Parties, and may be subject to approval by the County Board of Supervisors. Nothing herein shall prohibit the Subrecipient from proceeding with the work as originally set forth or as previously amended in this Contract. 6. Breach of Contract: The failure of the Subrecipient to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract: a) Terminate the Contract immediately, pursuant to Section K herein; County of Orange Page 18 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UUI UOIIgII CI IVelUpe IU.VDU LOU I.Y-CU/M-4 I J4-OJ79-I UJD IO.,CJJ/Y b) Afford the Subrecipient written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; c) Discontinue payment to the Subrecipient for and during the period in which the Subrecipient is in breach; and Offset against any monies billed by the Subrecipient but yet unpaid by the County those monies disallowed pursuant to the above. 7. Conditions Affecting Work: The Subrecipient shall be responsible for taking all steps reasonably necessary, to ascertain the nature and location of the work to be performed under this Contract; and to know the general conditions which can affect the work or the cost thereof. Any failure by the Subrecipient to do so will not relieve Subrecipient from responsibility for successfully performing the work without additional cost to the County. The County assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by the County are expressly stated in the Contract. 8. Civil Rights: Subrecipient attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with Disabilities Act of 1990, and other applicable State and Federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability. 9. Conflict of Interest — Subrecipient's Personnel: The Subrecipient shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the County. This obligation shall apply to the Subrecipient; the Subrecipient's employees, agents, and subcontractors associated with accomplishing work and services hereunder. The Subrecipient's efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers from acting in the best interests of the County. 10.Conflict of Interest—County Personnel: The County of Orange Board of Supervisors policy prohibits its employees from engaging in activities involving a conflict of interest. The Subrecipient shall not, during the period of this Contract, employ any County employee for any purpose. 11.Consulting Contract— Follow-On Work: No person, firm, subsidiary or subcontractor of a firm that has been awarded a consulting services contract or a contract which includes a consulting component may be awarded a Contract for the performance of services, the purchase of goods or supplies, or the County of Orange Page 19 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 uu;uoly,11 CI IVCIUFJC U .UDULUJ I`J-.CV I/1-4I 04-OJU4-/UJD I OL.CJJI 4 provision of any other related action which arises from or can reasonably be deemed an end-product of work performed under the initial consulting to consulting-related Contract. 12.Project Manager, County: The County shall appoint a Project Manager to act as liaison between the County and the Subrecipient during the term of this Contract. The County's Project Manager shall coordinate the activities of the County staff assigned to work with the Subrecipient. The County's Project Manager, in consultation and agreement with the County, shall have the right to require the removal and replacement of the Subrecipient's Project Manager and key personnel. The County's Project Manager shall notify the Subrecipient in writing of such action. The Subrecipient shall accomplish the removal within three (3) business days after written notice from the County's Project Manager. The County's Project Manager shall review and approve the appointment of the replacement for the Subrecipient's Project Manager and key personnel. Said approval shall not be unreasonably withheld. The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Subrecipient's Project Manager from providing further services under the Contract. 13.Subrecipient's Project Manager and Key Personnel: Subrecipient shall appoint a Project Manager to direct the Subrecipient's efforts in fulfilling Subrecipient's obligations under this Contract. This Project Manager shall be subject to approval by the County and shall not be changed without the written consent of the County's Project Manager, which consent shall not be unreasonably withheld. The Subrecipient's Project Manager, in consultation and agreement with County, shall be assigned to this project for the duration of the Contract and shall diligently pursue all work and services to meet the project time lines. The County's Project Manager shall have the right to require the removal and replacement of the Subrecipient's Project Manager from providing services to the County under this Contract. The County's Project Manager shall notify the Subrecipient in writing of such action. The Subrecipient shall accomplish the removal within five (5) business days after written notice by the County's Project Manager. The County's Project Manager shall review and approve the appointment of the replacement for the Subrecipient's Project Manager. The County is not required to provide any additional information, reason or rationale in the event it The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Subrecipient's Project Manager from providing further services under the Contract. 14.Subrecipient Personnel — Reference Checks: The Subrecipient warrants that all persons employed to provide service under this Contract have satisfactory past work records indicating their ability to adequately perform the work under this Contract. Subrecipient's employees assigned to this project must meet character standards as demonstrated by background investigation and reference checks, coordinated by the agency/department issuing this Contract. County of Orange Page 20 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UUGUOIyI I CI IVCIUpe IU.VDVLOJ Iy-CW/M-4 I J4-OJy9-/UOD I OLCJJ( 15.Data—Title To: All materials, documents, data or information obtained from the County data files or any County medium furnished to the Subrecipient in the performance of this Contract will at all times remain the property of the County. Such data or information may not be used or copied for direct or indirect use by the Subrecipient after completion or termination of this Contract without the express written consent of the County. All materials, documents, data or information, including copies, must be returned to the County at the end of this Contract. 16.Licenses: At its own expense, Subrecipient and its subcontractors, if any, shall, at all time during the term of this Contract, maintain in full force and effect such licenses or permits as may be required by the State of California or any other government entity. Subrecipient and his subcontractors, if any, shall strictly adhere to, and obey, all governmental rules and regulations now in effect or as subsequently enacted or modified, as promulgated by any local, State, or Federal governmental entity. 17.Disputes — Contract: A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Subrecipient's Project Manager and the County's Project Manager, such matter shall be brought to the attention of the Contract Administrator by way of the following process: 1. The Subrecipient shall submit to the agency/department assigned Contract Administrator a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision. 2. The Subrecipient's written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Subrecipient shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Subrecipient believes the County is liable. B. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Subrecipient agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Subrecipient's failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the Director. If the County fails to render a decision within 90 days after receipt of the Subrecipient's demand, it shall be deemed a final decision adverse to the Subrecipient's contentions. Nothing in this section shall be construed as County of Orange Page 21 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 Uut.,uo II CIIVCIUI)C IIJ.VDVLOO I C-CVI/1-41 J4-OJV4-/UOO I OL,CJJ/4 affecting the County's right to terminate the Contract for cause or termination for convenience as stated in Section K herein. 18.EDD Independent Subrecipient Reporting Requirements: Effective January 1, 2001, the County of Orange is required to file in accordance with subdivision (a) of Section 6041A of the Internal Revenue Code for services received from a "service provider" to whom the County pays $600 or more or with whom the County enters into a contract for $600 or more within a single calendar year. The purpose of this reporting requirement is to increase child support collection by helping to locate parents who are delinquent in their child support obligations. The term "service provider" is defined in California Unemployment Insurance Code Section 1088.8, Subparagraph B.2 as "an individual who is not an employee of the service recipient for California purposes and who received compensation or executes a contract for services performed for that service recipient within or without the State." The term is further defined by the California Employment Development Department to refer specifically to independent Subrecipients. An independent Subrecipient is defined as "an individual who is not an employee of the ... government entity for California purposes and who receives compensation or executes a contract for services performed for that ... government entity either in or outside of California." The reporting requirement does not apply to corporations, general partnerships, limited liability partnerships, and limited liability companies. Additional information on this reporting requirement can be found at the California Employment Development Department web site located at http:I/www.edd.ca.gov/Employer Services.htm 19.Emergency/Declared Disaster Requirements: In the event of an emergency or if Orange County is declared a disaster area by the County, State or Federal government, this Contract may be subjected to unusual usage. The Subrecipient shall service the County during such an emergency or declared disaster under the same terms and conditions that apply during non-emergency/disaster conditions. The pricing quoted by the Subrecipient shall apply to serving the County's needs regardless of the circumstances. If the Subrecipient is unable to supply the goods/services under the terms of the Contract, then the Subrecipient shall provide proof of such disruption and a copy of the invoice for the goods/services from the Subrecipient's supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from the Subrecipient shall show both the emergency purchase order number and the Contract number. 20.Errors and Omissions: All reports, files and other documents prepared and submitted by Subrecipient shall be complete and shall be carefully checked by the professional(s) identified by Subrecipient as Project Manager and key personnel attached hereto, prior to submission to the County. Subrecipient agrees that County review is discretionary and Subrecipient shall not assume that the County will discover errors and/or omissions. County of Orange Page 22 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 1 UUGUOtyl1 CI ivuiupt;Le.UDULOU I U-CV/M-41 J'hOJy'+-/L)ZD I OLCJa/9 If the County discovers any errors or omissions prior to approving Subrecipient's reports, files and other written documents, the reports, files or documents will be returned to Subrecipient for correction. Should the County or others discover errors or omissions in the reports, files or other written documents submitted by the Subrecipient after County approval thereof, County approval of Subrecipient's reports, files or documents shall not be used as a defense by Subrecipient in any action between the County and Subrecipient, and the reports, files or documents will be returned to Subrecipient for correction. 21.Non-Supplantation of Funds: Subrecipient shall not supplant any Federal, State, or County funds intended for the purposes of this Contract with any funds made available under this Contract. Subrecipient shall not claim reimbursement from County for, or apply sums received from County with respect to, that portion of its obligations which have been paid by another source of revenue. Subrecipient agrees that it shall not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for the purposes of obtaining Federal, State, or County funds under any Federal, State, or County program without prior written approval from the County. 22.Satisfactory Work: Services rendered hereunder are to be performed to the written satisfaction of County. County's staff will interpret all reports and determine the quality, acceptability and progress of the services rendered. 23.Access and Records: A. County, the State of California and the United States Government and/or their representatives, shall have access, for purposes of monitoring, auditing, and examining, to Subrecipient's activities, books, documents and papers (including computer records and emails) and to records of Subrecipient's subcontractors, consultants, contracted employees, bookkeepers, accountants, employees and participants related to this Contract. Subrecipient shall insert this condition in each Contract between Subrecipient and a subcontractor that is pursuant to this Contract shall require the subcontractor to agree to this condition. Such departments or representatives shall have the right to make excerpts, transcripts and photocopies of such records and to schedule on site monitoring at their discretion. Monitoring activities also may include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Subrecipient are kept. Subrecipient shall make available its books, documents, papers, financial records, etc., within three (3) days after receipt of written demand by Director which shall be deemed received upon date of sending. In the event Subrecipient does not make the above referenced documents available within the County of Orange, California, Subrecipient agrees to pay all necessary and reasonable expenses incurred by County, or County's designee, in conducting any audit at the location where said records and books of account are maintained. County of Orange Page 23 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UUGUJIIyP I CI IVCIIWR'IL) UDULOU I`J-CV/M-41J4-OJ`J4-t UJD I OLCJJ14 B. Records Retention. All accounting records and evidence pertaining to all costs of Subrecipient and all documents related to this Contract shall be kept available at Subrecipient's office or place of business for the duration of this Contract and thereafter for five (5) years after completion of an audit. Records which relate to: (1) complaints, claims, administrative proceedings or litigation arising out of the performance of this Contract; or (2) costs and expenses of this Contract to which County or any other governmental department takes exception, shall be retained beyond the five (5) years until final resolution or disposition of such appeals, litigation, claims, or exceptions. C. Liability. Subrecipient shall pay to County the full amount of County's liability to the State or Federal government or any department thereof resulting from any disallowance or other audit exceptions to the extent that such liability is attributable to Subrecipient's failure to perform under this Contract. 24.Signature in Counterparts: The Parties agree that separate copies of this Contract and/or electronic signatures and handwritten signatures may be signed by each of the Parties, and this Contract will have the same force and effect as if the Original had been signed by all the Parties. 25.Reports/Meetings: The Subrecipient shall develop reports and any other relevant documents necessary to complete the services and requirements as set forth in this contract. The County's Project Manager and the Subrecipient's Project Manager will meet on reasonable notice to discuss the Subrecipient's performance and progress under this Contract. If requested, the Subrecipient's Project Manager and other project personnel shall attend all meetings. The Subrecipient shall provide such information that is requested by the County for the purpose of monitoring progress under this Contract. 26.Subcontracting: No performance of this Contract or any portion thereof may be subcontracted by the Subrecipient without the express written consent of the County. Any attempt by the Subrecipient to subcontract any performance of this Contract without the express written consent of the County shall be invalid and shall constitute a breach of this Contract. In the event that the Subrecipient is authorized by the County to subcontract, this Contract shall take precedence over the terms of the Contract between Subrecipient and subcontractor, and shall incorporate by reference the terms of this Contract. The County shall look to the Subrecipient for performance and indemnification and not deal directly with any subcontractor. All work performed by a subcontractor must meet the approval of the County of Orange. 27.Equal Employment Opportunity: The Subrecipient shall comply with U.S. Executive Order 11246 entitled, "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable State of California regulations as may now exist or be amended in the future. The Subrecipient shall not discriminate against any employee or applicant for County of Orange Page 24 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UUUUJRy.II CITY CIUpt ILL UDULOO I - I M-4 I J4-OJ4-/UJD IOI0E0J/4 employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition. Regarding handicapped persons, the Subrecipient will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Subrecipient agrees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. The Subrecipient agrees to comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future. Regarding Americans with disabilities, Subrecipient agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future. 28.Gratuities: The Subrecipient warrants that no gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Subrecipient or any agent or representative of the Subrecipient to any officer or employee of the County with a view toward securing the Contract or securing favorable treatment with respect to any determinations concerning the performance of the Contract. For breach or violation of this warranty, the County shall have the right to terminate the Contract, either in whole or in part, and any loss or damage sustained by the County in procuring on the open market any goods or services which the Subrecipient agreed to supply shall be borne and paid for by the Subrecipient. The rights and remedies of the County provided in the clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the Contract. 29.News/Information Release: The Subrecipient agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from the County through the County's Project Manager. 30.Notices: Any and all notices, requests demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing, except through the course of the Parties routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All County of Orange Page 25 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UUGUOIy1I CI IVCIUpC IU.UDULUU I d-C /M-4 I J4-OJy4-/UUO I OI,CJJ/4 communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid. For County: OC Community Resources OC Community Resources Housing and Community Development Contract Development and Management Project Manager Contract Administrator 1501 East St. Andrew Place, 1st Floor 601 N. Ross St., 6th Floor Santa Ana, CA 92705-4930 Santa Ana, CA 92701 For Subrecipient: City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Attn: Project Manager 31.Ownership of Documents: The County has permanent ownership of all directly connected and derivative materials produced under this Contract by the Subrecipient. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the County and may be used by the County as it may require without additional cost to the County. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Subrecipient without the express written consent of the County. 32.Precedence: The Contract documents consist of this Contract and its exhibits and attachments. In the event of a conflict between or among the Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the exhibits and attachments. 33.Termination—Orderly: After receipt of a termination notice from the County of Orange, the Subrecipient may submit to the County a termination claim, if applicable. Such claim shall be submitted promptly, but in no event later than 60 days from the effective date of the termination, unless one or more extensions in writing are granted by the County upon written request of the Subrecipient. Upon termination County agrees to pay the Subrecipient for all services performed prior to termination which meet the requirements of the Contract, provided, however, that such compensation combined with previously paid compensation shall not exceed the total compensation set forth in the Contract. Upon termination or other expiration of this Contract, each party shall promptly return to the other party all papers, materials, and other properties of the other held by each for purposes of performance of the Contract. 34.County Branding Requirements — Publicity, Literature, Advertisement and Social Media: County of Orange Page 26 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UUL UJ1yI I CI iv elope IL/.UDULOO I J-CV/M-4 I J4-O0U4-/UOD ICI .CJJ/4 A. County owns all rights to the name, logos, and symbols of County. The use and/or reproduction of County's name, logos, or symbols for any purpose, including commercial advertisement, promotional purposes, announcements, displays, or press releases, without County's prior written consent is expressly prohibited. B. Subrecipient may develop and publish information related to this Contract where all of the following conditions are satisfied: 1. Contract Administrator/assigned Deputy Purchasing Agent provides its written approval of the content and publication of the information at least 30 days prior to Subrecipient publishing the information, unless a different timeframe for approval is agreed upon by the Contract Administrator/assigned Deputy Purchasing Agent; 2. Unless directed otherwise by Contract Administrator/assigned Deputy Purchasing Agent, the information includes a statement that the program, wholly or in part, is funded through County, State and Federal government funds [funds identified as applicable]; 3. The information does not give the appearance that the County, its officers, employees, or agencies endorse: a. any commercial product or service; and, b. any product or service provided by Subrecipient, unless approved in writing by Contract Administrator/assigned Deputy Purchasing Agent; and, 4. If Subrecipient uses social media (such as Facebook, Twitter, YouTube or other publicly available social media sites) to publish information related to this Contract, Subrecipient shall develop social media policies and procedures and have them available to the Contract Administrator/assigned Deputy Purchasing Agent. Subrecipient shall comply with County Social Media Use Policy and Procedures as they pertain to any social media developed in support of the services described within this Contract. The policy is available on the Internet at http://www.ocgov.com/qov/ceo/cio/govpolicies. THE REMAINDER OF THE PAGE WAS INTENTIONALLY LEFT BLANK County of Orange Page 27 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UUGUOIYI1 CI IVCIUpa IL/.UDULUU I J-CV I M-41 J4-OJW'4-!UJD I OI,CJJ/4 Program Specific Terms and Conditions: 35.Debarment: Subrecipient certifies that it is not debarred or suspended or otherwise excluded from or ineligible for participation in Federal/State assistance programs in accordance with 29 CFR Part 98. 36.Lobbying: A. Subrecipient shall complete and immediately forward to the County the "Disclosure of Lobbying Activities," a copy of which is attached hereto as Exhibit 4 and incorporated herein by this reference, if subrecipient, or any person, firm or corporation acting on Subrecipient's behalf, engaged or engages in lobbying any federal office, employee, elected official or agency with respect to this Contract or funds to be received by subrecipient pursuant to this Contract. B. Subrecipient agrees that the funds provided herein shall not be used to promote, directly or indirectly, any political party, political candidate or political activity, except as permitted by law. 37.Fraud: Subrecipient shall immediately report all suspected or known instances and facts concerning possible fraud, abuse or criminal activity under this Contract. Subrecipient shall inform staff and the general public of how to report fraud, waste or abuse through appropriate postings of incident reporting notice. The County's Anti- Fraud Program can be accessed through: http://ocgov.com/gov/risk/programs/antifraud. 38.Fiscal Accountability: A. Financial Management System: Subrecipient shall establish and maintain a sound financial management system, based upon generally accepted accounting principles. Subrecipient's system shall provide fiscal control and accounting procedures that will include the following: i. Information pertaining to the line items as identified in Attachment C to this Contract; ii. Source documentation to support accounting records; and iii. Proper charging of costs and cost allocation. B. Subrecipient's Record: Subrecipient's records shall be sufficient to: i. Permit preparation of required reports; ii. Permit tracking of funds to a level of expenditure adequate to establish that funds have not been used in violation of the applicable restrictions on the use of such funds; iii. Permit the tracking of program income, or profits earned, and any costs incurred (such as stand-in costs) that are otherwise allowable except for; and iv. Permit tracking and reporting of leveraging as required. County of Orange Page 28 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UUGU0IIyI1 CI IVelUpe IL).VDVLOOI M-4 I J4-OJy4-/LJUD I UL,CJJ/4 C. Costs Charged: Cost shall be charged to this Contract only in accordance with the County and other requirements as required by funding source(s). 39.Performance Standards: Subrecipient shall comply with and adhere to the performance accountability standards as described in this Contract and applicable regulations and the activity levels to be utilized by County for program evaluation and monitoring included, but not limited to those listed in the Attachment E-Performance Standards attached hereto and incorporated herein by reference. 40.Budget Schedule: Subrecipient agrees that the expenditures of any and all funds under this Contract will be in accordance with the Budget Schedule, a copy of which is attached hereto as Attachment C, and which by this reference is incorporated herein and made a part hereof as if fully set forth. 41.Payment Requirements: If funding levels are significantly affected by state or federal budget and funds are not allocated and available for the continuance of the function performed by Subrecipient, the Contract may be terminated by the County at the end of the period for which funds are available. The County shall notify Subrecipient at the earliest possible time of any service, which will or may be affected by a shortage of funds. No penalty shall accrue to the County in the event this provision is exercised and the County shall not be obligated nor liable for any damages as a result of termination under this provision of this Contract, and nothing herein shall be construed as obligating the County to expend or as involving the County in any Contract or other obligation for future payment of money in excess of appropriations authorized by law. A. Contract Amount: It is expressly agreed and understood that the total amount to be paid by County under this Contract shall not exceed the total County funding as set forth in Attachment B-Payment/Compensation to Subrecipient attached hereto and incorporated herein by reference. B. County will reclaim any unused balance of funds for reallocation to other County approved projects. C. Payment of Project Activities: 1. Payment of Project Activities: County will reimburse Subrecipient for eligible project-related costs only. Subrecipient shall submit requests for reimbursement to County on a monthly basis beginning on August 1, 2024, and must provide adequate documentation as required by County in accordance with the OC Community Resources Contract Reimbursement Policy, as set forth in Exhibit 1, attached hereto and incorporated herein by reference. In addition, Subrecipient will provide a progress Grantee Performance Report ("GPR Information Form") for the time period covered, as prescribed by County. Failure to provide any of the required documentation and reporting will cause County to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to Subrecipient, until such documentation and reporting has been received and approved by County. County of Orange Page 29 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 IJUGUJILyl I CI ivetopt IL).UDULOO I W-CV/N-4I J4-OJy4-/LJOD I O..CJJI4 2. If Subrecipient has no request for reimbursement during any quarter during the term of this Contract, a GPR Information Form, including and explanation as to why no invoices were being processed, shall be required in lieu of a request for reimbursement. 3. The following "Required Expenditure Threshold" criteria have been established to guide the Subrecipient in structuring and scheduling their expenditure of funds received through this Contract, through term of Contract. The criteria thresholds are consistent with the criteria used by OC Community Resources to determine performance including, but not limited to, determinations of future award of funds, additional funding requests and/or determinations for the recapture of funding. *Milestone Date Minimum Required Expenditure Threshold February 15, 2025 50% of Contracted Amount Expended March 15, 2025 70% of Contracted Amount Expended April 15, 2025 80% of Contracted Amount Expended June 30, 2025 100% of Contracted Amount Expended Failure to achieve at least the aforementioned 50% drawdown, without extenuating circumstances, may cause any remaining balance in this Contract to be reclaimed by County, and will negatively affect future funding to Subrecipient. Failure to achieve the aforementioned 80% drawdown goal, without written exception approved by the Director, may cause any remaining balance in this Contract to be reclaimed by County, and will impact future funding to Subrecipient 4. Subrecipient will have forty-five (45) days following the expiration of the Contract to submit outstanding invoices for reimbursement of eligible costs incurred during the Contract period. After the forty-five (45) day period for submitting invoices has expired, County shall reallocate the remaining balance under this Contract for other program purposes and Subrecipient shall be ineligible for any further reimbursement. D. Funds shall not be disbursed for any costs incurred prior to the certification by County and/or HUD of Certificate(s) of Insurance as further defined in Paragraph O "Insurance Requirements" of this Contract. E. Eligible costs related to services provided by Subrecipient must be incurred during the period beginning July 1, 2024. The Project shall be completed, and all funds provided through this Contract shall be expended on eligible Project activities through and including June 30, 2025. a. Housing Rehabilitation Contracts and Public Facilities & Improvements Contracts. i. Subrecipient may be eligible to request additional funding up to the maximum set forth as identified in County policy if Subrecipient meets or exceeds any one of the Minimum Required Expenditure Thresholds at County of Orange Page 30 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UUGUJIyI I CI Ivetupe IL).UOULOJ I.7-CW I M-4 I J4-OJy4-/VOC I OILCJJ!9 50%, 70% or 80% on or prior to the milestone date as set forth in Paragraph 42. C.3. ii. If additional funding is available for allocation to Subrecipient, and the basic goals and objectives of the program are not altered, Subrecipient and County shall amend the Subrecipient Scope of Services component of this Contract. Furthermore, Subrecipient shall demonstrate to the satisfaction of County that the required Performance Expenditure and Accomplishment Thresholds set forth in Paragraph 47.0 will continue to be met before such extension and additional allocation shall be granted. iii. Contract Extension (No Cost Extension) 1. The term of this Contract and the provisions herein may be extended to cover an additional time period as specified herein. 2. The date for Project completion, the term of the Contract, and expenditure of all funds may be extended by the Director without further action by the Board as identified in County policy. Subrecipient must notify the Director in writing 45 days prior to June 30, 2023, to request an extension. For all extensions, the deadline for submittal of invoices shall be forty-five (45) days after the new expiration date. 3. Contract extension provisions are not applicable to program administration activities. b. Public Services Contracts cannot be extended. F. County and Participating Cities previously entered into a Cooperation Agreement effective July 1, 2023 as amended, in which both Parties agreed to cooperate in the undertaking, or assist in the undertaking, of community development and housing assistance activities. G. Metropolitan Cities with populations of over 50,000, are eligible to participate in the Community Planning and Development ("CPD") program funds directly from HUD and have opted to participate in the CPD programs through the County's Urban County Program as a metropolitan city. 42.Modification of Budget: Upon written approval of County, Subrecipient shall have the authority to transfer allocated program funds from one category of the overall program Budget to another category of the overall Budget. No such transfer may be made without the express prior written approval of County. A modification of the Budget may include the addition of any new Budget category. County of Orange Page 31 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UUGU. I911 CI IVtl1Upe IL) UDUZO.)I -CV/M-Y I J9-OJVH-/UJD I OLCJJ/9 43.Annual Audit: If Subrecipient expends Federal funds in a fiscal year which equal or exceed $750,000 (seven hundred fifty thousand dollars) as specified in 2 CFR Part 200.500- Subpart F-Audit Requirements, Subrecipient shall cause an audit to be prepared by a Certified Public Accountant ("CPA") who is a member in good standing with the American Institute of Certified Public Accountants ("AICPA") of the California Society of CPA's. The audit must be performed annually in accordance with Generally Accepted Auditing Standards ("GAAS") authorized by the AICPA and Federal laws and regulations governing the programs in which it participates. Furthermore, County retains the right to require Subrecipient to submit similarly prepared audit at Subrecipient's expense even in instances when Subrecipient's expenditure is less than $750,000. Subrecipient will be required to identify corrective action taken in response to any findings identified by CPA related to their funded activity or program. Subrecipient will ensure an annual financial audit is performed in compliance with the Federal Single Audit Act and will submit two (2) copies of such audit report, including a copy of the management letter, to County within six (6) months of the end of each Contract year in which Subrecipient has received federal funding (i.e., July 1 —June 30). Failure to meet this requirement may result in County denying reimbursement of funds to Subrecipient, as well as future funding qualification. Subrecipients, which are exempt from statutory audit requirements, shall maintain records, which are available for review by County or Federal officials. Subrecipient acknowledges that any and all "Financial Statements" submitted to County pursuant to this Contract become public records and are subject to public inspection pursuant to the California Public Records Act (Section 6250 et seq. of the California Government). 44.UEI and D-U-N-S Numbers and Related Information: UEI and D-U-N-S Numbers: A unique, non-indicative 12-and 9 digit identifiers issued and maintained by SAM.gov and the Dun & Bradstreet (D&B) that verifies the existence of a business entity. The UEI and D-U-N-S Numbers are needed to coordinate with the System for Award Management (SAM) that combines federal procurement systems and the Catalog of Federal Domestic Assistance into one new system. https://www.SAM.gov The UEI and D-U-N-S Numbers must be provided to County prior to the execution of this Contract. Subrecipient shall ensure all UEI and D-U-N-S information is up to date and the UEI and D-U-N-S Numbers status is "active," prior to execution of this Contract. If County cannot access the Subrecipient's UEI and D-U-N-S information related to this federal sub award on the Federal Funding Accountability and Transparency Act Sub Award Reporting System (SAM.GOV) due to errors in the Subrecipient's data entry for its UEI and D-U-N-S Numbers, the Subrecipient must immediately update the information as required. If County cannot access the Subrecipient's UEI and D-U-N-S information related to this federal sub award on the Federal Funding Accounting and Transparency Act Sub Award Reporting System (SAM.GOV) due to errors in the Subrecipient's data entry for its UEI and D-U-N-S Numbers, the Subrecipient must immediately update the information as required. County of Orange Page 32 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 uuuuouyi I CIIVCIupe lu.uDOLOJ I /M-N I J4-OJUH-/u.7D I 0l..CJJ/'1 The County reserves the right to verify and validate any information prior to contract award and during the entire term of the Contract. 45.Program Income: A. Subrecipient shall comply with regulations, as well as all applicable State or County regulations concerning the reporting and payment procedures for program income. B. Definition: "Program Income" means, as provided by 24 CFR § 570.504, gross income received by the Subrecipient directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period. C. Use. The Subrecipient shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this Contract. D. All Program Income accrued shall be returned to County on a quarterly basis prior to Subrecipient receiving any reimbursement from grant funds provided under this Contract. E. Subrecipient shall provide information of the receipt of Program Income by Subrecipient related to this Contract on all GPR Information Forms submitted with requests for reimbursement. F. Subrecipient shall complete and submit a Year-End Program Income letter, indicating amount of Program Income and include any reimbursement remittance necessitated therein, by July 15, after the close of the Contract fiscal year. 46.Performance: A. Subrecipient shall provide the oversight, administration, and project management necessary to accomplish all contracted activities in a timely manner. Subrecipient also agrees to comply with all applicable Federal, State, and local laws and regulations governing the funds provided under this Contract. B. Subrecipient shall comply with all applicable HUD regulations, as described in Paragraph 49 "Federal Administrative and Related Requirements" of this Contract, concerning administrative requirements and maintain records as to services provided and total number of persons served through the project, including but not limited to, population-served analysis (i.e., extremely-low income persons, very-low income persons, and low-income persons as defined by HUD). Such information shall be available for periodic monitoring by representatives of County or HUD and shall be submitted by Subrecipient in report form to County by dates specified by County. County of Orange Page 33 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UUGUJIy1 I CI IVelUpe IL/.UDULOQ I V-CW/H-Y I J4-OJU9-/UOD I OL.CJJ/9 C. The following "Performance Threshold" criteria shall be used to assess the level of performance of the Subrecipient, including Attachment A—Scope of Services, attached hereto and incorporated herein by reference. Furthermore, the criteria will be considered by OC Community Resources when determining future funding. In order to be considered in compliance with the performance threshold criteria, the Subrecipient must, on or before the required milestone date, submit to OC Community Resources a request for reimbursement which demonstrates that Subrecipient has expended funds and met their proposed accomplishment goals at the required levels, unless exempted in writing by the County. D. Subrecipient shall complete and submit a Year End GPR Information Form by August 14, after the close of the Contract fiscal year. E. Should the activity being funded through this Contract be completed, cancelled or terminated prior to the termination date set forth herein in Paragraph 2 "Term of Contract," or if funds allocated through this Contract are fully expended, prior to end of Contract term, Subrecipient must continue to serve its clients for the entire term of this Contract. Subrecipient shall complete and submit a Mid-Year and Year End GPR Information Form at the time of the completion, cancellation or termination. F. Subrecipient shall complete and submit a GPR Information Form in support of all requests for reimbursement. Said GPR Information Form shall consist of a cumulative report of project related accomplishments as set forth in Attachment A - Scope of Services, for the subject quarter. If at any time during the term of this Contract Subrecipient has no activity occuring during any quarter, Subrecipient shall prepare and submit to County a Quarterly GPR Information Form, regardless of actual activity. G. Subrecipient acknowledges that the GPR Information Form is a monitoring tool that will be reviewed and evaluated to determine Subrecipient's level of performance relative to this Contract. H. Subrecipient shall submit all requested data necessary to complete the Consolidated Annual Performance and Evaluation Report (CAPER), and monitor program accountability and progress in accordance with HUD requirements, in the format and at the time designated by County. Readiness — for Housing Rehabilitation and Public Facilities & Improvements Projects: Subrecipient shall be required to demonstrate to County its readiness to immediately initiate its Project upon execution of this Contract by providing to the County documentation including, but not limited to, the following: Board or Council Minutes/Resolution; Awarded bid documents with timeline requirements; and, executed Architect and Engineer (hereafter referred to as "A&E") contracts with specific project timelines consistent with funding. By July 30 of Contract term, Subrecipient shall provide County a Project Readiness Checklist incorporating the status of all Project-phasing milestones. In the case of County of Orange Page 34 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UVGUJII�I I CIIVCIupe IU.UOULOO I V-CV/ UOD I OI..CJJI Y milestones not yet reached, Subrecipient shall provide projected target dates for when said milestones would be met. The Project Readiness Checklist shall clearly demonstrate that Subrecipient will meet the "Minimum Required Expenditure Thresholds" as set forth in this Paragraph 47.C. Subrecipient acknowledges that said Project Readiness Checklist may be considered to evaluate the performance of the Subrecipient. 47.Performance Monitoring: A. Performance Monitoring of Subrecipient by County, State of California and/or HUD shall consist of requested and/or required written reporting, as well as onsite monitoring by County, State of California or HUD representatives. B. County shall periodically evaluate Subrecipient's progress in complying with the terms of this Contract. Subrecipient shall cooperate fully during such monitoring. County shall report the findings of each monitoring to Subrecipient. C. County shall monitor the performance of Subrecipient against the goals, outcomes, milestones and performance standards required herein. Substandard performance, as determined by County, will constitute non-compliance with this Contract for which County may immediately terminate the Contract. If action to correct such substandard performance is not taken by Subrecipient within the time period specified by County, payment(s) will be denied in accordance with the provisions contained in this Paragraph 47 of this Contract. D. HUD in accordance with 24 CFR Part 570 Subpart 0, 570.902, will annually review the performance of County to determine whether County has carried out its Community Development Block Grant (CDBG) assisted activities in a timely manner and has significantly disbursed CDBG funds and met the mandated "1.5 ratio" threshold. Subrecipient is responsible to ensure timely drawdown of funds. 48.Federal Administrative and Related Requirements: Subrecipient must comply with all federal requirements as it pertains for 24 CFR Parts 91 and 570. Subrecipient acknowledges that administration of its operation and services are subject to the requirements as established in 2 CFR Part 200, et al. Subrecipient shall procure all materials, property, or services in accordance with the requirements of 2 CFR § 200.318-326. A. Financial Management: 1. Accounting Standards Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles: County of Orange Page 35 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UUGU. IIyI I CI IVCIUptl IU.UDULOO I V-Cy/M-4I J'4-0JU4-/UJD I OIiCJJ/4 The Subrecipient shall administer its program in conformance with 2 CFR Part 200, et al; (and if Subrecipient is a governmental or quasi- governmental agency, the applicable sections of 24 CFR 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,") as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keeping 1. Records to be Maintained Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Contract. Such records shall include, but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets the one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use, or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by federal regulations 24 CFR 570.502, and 24 CFR 84.21-28; and g. Other records necessary to document compliance with Subpart K of 23 CFR. 2. Retention Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to this Contract for a period of five (5) years. The retention period begins on the date of the submission of the County's annual performance and evaluation report to HUD in which the activities assisted under the Contract are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later. 3. Client Data a. Subrecipient shall maintain client data demonstrating client eligibility for services provided for a period of five (5) years after the termination of all activities funded under this Contract, or after the resolution of all Federal audit finding, whichever occurs later. Such County of Orange Page 36 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 LJUGU JII�II CIIVtliUNC IV.UDULUJI W-CV/M-4 I J4-OJy4-/UJO I UI�CJJ/4 data shall be consistent and include, but not limited to, client name, address, verifiable income level (as documented by income tax returns, employee payroll records, retirement statements, etc. or other third party documentation acceptable to County, for determining eligibility), and description of service provided. Such information shall be made available to HUD representatives, County monitors, or their designees, for review upon request. b. Subrecipient shall develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the subject program, including protection against the release of the address or location of any family violence shelter project, except with the written authorization of the person responsible for the operation of that shelter. 4. Disclosure Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request. 5. Close-Outs Subrecipient's obligation to County shall not end until all close-out requirements are completed. Activities during this close-out period shall be completed in accordance with federal and State regulations and shall include, but are not limited to: making final payments; submitting final invoice(s), report(s), in accordance with the requirements of Paragraph 49, and documentation; disposing of program assets (including the return to County of all unused materials and equipment); remitting any program income balances and accounts receivable to County, and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Contract shall remain in effect during any period that the Subrecipient has control over CDBG funds, including Program Income. C. Personnel & Participation Conditions 1. Civil Rights Compliance Subrecipient agrees to comply with California Civil Rights Act Ordinances and Title VI of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246, as amended by Executive Orders 11375, 11478, 12107 and 12086. County of Orange Page 37 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UULUJIIyil CI IVeIUpe IL .VDVLOO I y-CyI M-N I JH-oa 'h/UOD IOI.COO/ 2. Nondiscrimination in Employment and Contracting Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279, including 24 CFR Part 8, 24 CFR 570.602 and Section 504 of Rehabilitation Act of 1973, Americans with Disabilities Act of 1990, Executive Order 11063. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act (HCDA) are still applicable. 3. Affirmative Action: Subrecipient agrees that it shall be committed to carry out an Affirmative Action Program that encompasses that principals provided in President's Executive Order 11246, as revised on January 4, 2002. 4. Americans with Disabilities Act: Subrecipient agrees to comply with Section 504 of the Rehabilitation Act of 1973 as amended; Title VI and VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act, 42 USC 12101; California Code of Regulations, Title 2, Title 22: California Government Code, Sections 11135, et seq; and other federal and state laws and executive orders prohibit discrimination. All programs, activities, employment opportunities, and services must be made available to all persons, including persons with disabilities. 5. Drug-Free Workplace: The Subrecipient hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace as set forth in Exhibit 2, attached hereto and incorporated herein by reference. The Subrecipient will: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a drug-free awareness program as required by Government Code Section 8355(b) to inform employees about all of the following: The dangers of drug abuse in the workplace; ii. The Subrecipient's policy of maintaining a drug free workplace; iii. Any available counseling, rehabilitation, and employee assistance programs; and iv. Penalties that may be imposed upon employees for drug abuse violations. c. Provide as required by Government Code Section 8355(c) that every employee who works under this Contract: Will receive a copy of the company's drug-free policy statement; and County of Orange Page 38 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UUI:UJIIyI I CI IVCIUpe IU.UDULOJ I Cl- a M-Y I JY-OJV'+-I UJD I OI.CJJ/9 ii. Will agree to abide by the terms of the company's statement as a condition of employment under this Contract. Failure to comply with these requirements may result in suspension of payments under the contract or termination of the contract or both, and the Subrecipient may be ineligible for award of any future County contracts if the County determines that any of the following has occurred: iii. The Subrecipient has made false certification, or iv. The Subrecipient violates the certification by failing to carry out the requirements as noted above. 6. Anti-Lobbying: Subrecipient certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that: a. No federal appropriated funds will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any Federal loan, the entering into of any Cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or Cooperative Agreement; and b. Subrecipient shall include subject anti-lobbying certification in award documents for all sub-Subrecipients at all tiers (including sub-subcontracts, sub-subgrants, and contract under grants, loans, and Cooperative Agreements) and that all sub-Subrecipients shall certify and disclose accordingly. 7. Employment Restrictions: a. Prohibited Activity: Subrecipient is prohibited from using funds provided herein, or personnel employed in the administration of the program, for: political activities, sectarian or religious activities, lobbying, political patronage, and nepotism activities. b. OSHA: Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous or dangerous to the participants' health or safety. c. Employee Rights Federal Minimum Wage Subrecipient must follow the Fair Labor Standards Act (FLSA), as it currently exists and it may be amended, which sets basic minimum wage and overtime pay standards. These standards are enforced by The United States County of Orange Page 39 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 uu.;UJIIyII CI iveiupe IL.UOU OOI -Cy/M-4 I J4-OAU4-/UJD 1 OI,CJJ I4 Department of Wage and Hour Division under Department's Wage and Hour Division. The Federal minimum wage provisions are contained in the FLSA. Many states also have minimum wage laws. In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage. d. California Minimum Wage Subrecipient must follow the California enacted legislation signed by the Governor of California, raising the minimum wage for all industries (MW-2007). (AB 1835, CH230, Stats of 2006, adding sections 1182.12 and 1182.13 to the California Labor Code.) Pursuant to its authority under Labor Code section 1182.13, the Department of Industrial Relations amends and republishes Sections, 1, 2, 3, and 5 of the General Minimum Wage Order. MW-2001, Section 4, Separability, has not been changed. Consistent with this enactment, amendments are made to the minimum wage, and the meals and lodging credits sections of all of the IWC's industry and occupation orders. This summary must be made available to employees in accordance with the IWC's wage orders. Copies of the full text of the amended wage orders may be obtained by ordering on-line at www.dir.ca.gov/WP.asp or by contacting your local Division of Labor Standards Enforcement office. e. Hatch Act: Subrecipient agrees that no funds provided, nor personnel employed under this Contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq. and Chapter 15 of Title V of the U.S.C. f. Religious Organization/Activities: In accordance with 24 CFR 570.200(j), Subrecipient shall not discriminate against faith-based organizations in administering its federal HUD activities. Subrecipient agrees that funds provided under this Contract will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization or to promote religious interest, or for the benefit of a religious organization. 8. Labor Standards a. Subrecipient agrees to contact County no less than fourteen (14) days prior to the Pre-Construction Meeting date to seek consultation regarding application of requirements per federal labor standards regulations or Davis-Bacon related Acts. b. Subrecipient will comply with Davis-Bacon Act and/or State Prevailing Wage requirements, when applicable. County of Orange Page 40 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UUGUJIIyI I CI iv eiupu IU.UDULUU I Ur-CU/M-41 J4-OJU4-/UUD I OI.CJJ/4 c. Subrecipient agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act, the provisions of Contract Work Hours and Safety Standards Act, the Copeland "Anti-Kickback" Act (40 U.S.C. 276, 327-333), and all other applicable Federal, State and local laws and regulations pertaining to labor standards. Subrecipient shall maintain all applicable documentation, which demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to County for review upon request. d. Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property designed for residential use for less than eight (8) units, all Subrecipients engaged in contracts of $2,000.00 or more for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Contract, shall comply with all applicable federal requirements including Department of Labor regulations, under 29 CFR, Parts 3, 1, 5, 7 and 1926 governing the payment of wages and ratio of apprentices and trainees to journeymen. Nothing hereunder is intended to relieve e. Subrecipient of its obligation, if any, to require payment of the higher rate under state or local laws Subrecipient shall insert provisions meeting the requirements of this Paragraph in all such Contracts. In case where the Davis-Bacon Act applies, Subrecipient agrees to submit the Construction Bid Package for this project to County for modification, Subrecipient shall construct project in accordance with the approved Construction Bid Package. 9. California Labor Code Compliance a. Prevailing Wage laws apply, Subrecipient hereby agrees to pay, or cause its subcontractors to pay, Prevailing Wage rates at all times for all construction, improvements, or modifications to be completed for County under this Contract. Subrecipient herein agrees that Subrecipient shall post, or cause to be posted, a copy of the most current, applicable Prevailing Wage rates at the site where the construction, improvements, or modifications are performed. b. Payroll Records Subrecipient agrees that: Certified copies of all payroll records for this project shall be required pursuant to the provisions of California Labor Code "Section 1776". The reporting format and words of certification shall be as indicated in Title 8 of the California Code of Regulations, Section 16401. Certified copies of the payroll records of all subcontractors working on this project are required. It shall be the responsibility of the prime contractor to ensure subcontractor compliance. County of Orange Page 41 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UUGU. PyI I CI IveIt4 a IU.UDULOO I W-CW/M-4 I J4-OJV4-/UJD IOI..CJJI Certified copies of all payroll records shall be submitted on a weekly basis to County through the duration of this Contract. Subrecipient acknowledges that failure to comply with Section 1776 may result in a forfeiture of one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated, and it should be recognized that a contractor or subcontractor, or agent or representative thereof who neglects to comply is guilty of a misdemeanor pursuant to California Labor Code Section 1777. 10. Economic Opportunities Compliance Subrecipient agrees to abide by the provisions of OMB Circulars 102 and 110, as applicable, 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Contract. Subrecipient further covenants that in the performance of this Contract no person having such a financial interest shall be employed or retained by Subrecipient hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of County or Subrecipient, or any designated public agencies which are receiving funds under the CDBG Entitlement Program. This Contract is subject to the requirements of 12 USC 1701u, the HUD regulations issued pursuant thereto at 24 CFR Part 75., and any applicable rules and orders of HUD issued Federal financial assistance shall be conditioned upon compliance with 12 USC 1701u. Failure to fulfill these requirements shall subject Subrecipient and any sub-Subrecipients, their successors and assigns, to those remedies specified herein. Subrecipient certifies and agrees that no conflict exists which would prevent compliance with requirements. The Subrecipient agrees to abide by 24 CFR Part 75, below and will insert the following clause in any subcontracts executed with third parties for work covered by this Contract: a. The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 USC §1701u) ("Section 3'). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted developments covered by Section 3 shall, to the greatest extent feasible, be directed to low- and very low-income persons, including persons who are recipients of HUD assistance for housing, with a preference for both targeted workers living County of Orange Page 42 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UULUJIIyii CI IYCIUpC ILJ.UDULOJI M-9 I J'4-OJ 'h I UUD I OLCJJ/9 in the service area or neighborhood of the Development and YouthBuild participants, as defined at 24 CFR Part 75 ("Section 3 Regulations"). b. The Parties agree to comply with HUD's Regulations in 24 CFR, Part 75 which implement Section 3. As evidenced by their execution of this Contract, the Parties certify that they are under no contractual or other impediments that would prevent them from complying with the Section 3 Regulations. c. The Sub-recipient, contractor, and subcontractor agrees to send to each labor organization or representative of workers with which the Sub-recipient, contractor, and subcontractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers'representative of the Sub-recipient, contractor, and subcontractor's commitments under this section of the Contract and will post copies of the notice in conspicuous places at the worksite where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference and shall set forth the following: (i) minimum number and job titles subject to hire, (ii) availability of apprenticeship and training positions, (iii) qualifications for each, (iv) name and location of the person(s) taking applications for each of the positions, and (v) the anticipated date the work shall begin. d. The Sub-recipient, contractor, and subcontractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in Section 3 Regulations and agrees to take appropriate action, as provided in an applicable provision of the subcontractor in this Section 3 clause, upon a finding that the subcontractor violates the regulations in Section 3 Regulations. The Sub-recipient, contractor, and subcontractor will not subcontract with any subcontractor where the Sub- recipient, contractor, and subcontractor has notice or knowledge that the subcontractor has been found in violation of the regulations 24 CFR part 75. e. The Sub-recipient, contractor, and subcontractor will certify that any vacant employment positions, including training positions, that are filled (1) after a contractor is selected but before the Contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the Sub-recipient, contractor, and subcontractor's obligations under 24 CFR part 75 County of Orange Page 43 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UUUU Jll�l1 CIIVCIUfIC IL/.UDULOO I U-CW/M-4I J4-OJU4-/UAD I OIiCJJ/4 f. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts. 11. Environmental Conditions: Subrecipient shall comply with HUD Environmental Review under HUD regulations at 24 CFR 58 et seq., which implement the National Environmental Policy Act (NEPA); and, the California Environmental Quality Act (CEQA). No costs shall be incurred and no funds shall be disbursed prior to certification by County and/or HUD of environmental compliance. Subrecipient shall incur no costs for any project-related activity defined in Subrecipient Scope of Services and County shall not disburse funds prior to certification by County and/or HUD for environmental compliance. Subrecipient shall provide requested material to County for the Environmental Review process required by applicable regulations. a. Air and Water: Subrecipient agrees to comply with the following regulations in so far as they apply to the performance of this Contract: Clean Air Act, 42 U.S.C., 1857, et seq. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR 50 and 40 CFR 58. b. Flood Disaster Protection: Subrecipient agrees to comply with the requirements of the Flood Disaster Protection Act of 1973, including as applicable any regulations set forth in 24 CFR 55, (implementing Executive Order 11988) in regard to the sale, lease or other transfer of land acquired, cleared, or improved under the terms of this Contract, as it may apply to the provisions of this Contract. c. Lead-Based Paint: Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR 35, particularly, 24 CFR 35.100 through 35.175. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants or properties constructed prior to 1978 be properly notified with the "Protect Your Family From Lead In Your Home" publication, found at http://www.epa.gov/lead that such properties may include lead- based paint. d. Historic Preservation: Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of County of Orange Page 44 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UUI;UJIIgf I envelope IL/.UDULUG7 I -CU I M-4 I J4-OJJ4-I LJUD I UL.CJJ/4 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR 800, Protection of Historic Properties, insofar as they apply to the performance of this Contract. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or local historic property list. e. Energy Efficiency Standards: Subrecipient agrees to comply with the California Energy Commission Assembly Bill 970, Title 24, Part I of the California Code of Regulations (AB970: Building Efficiency Energy Standards), in regard to construction and property development, when applicable. f. Modifications/Transfers of Real Property: Any proposed modification or change in use of real property acquired or improved, in whole or in part, by CDBG funds from the use planned at the time of the acquisition or improvement, including disposition, is prohibited. Subrecipient shall ensure that any real property under Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 is either: i.i. Used to meet one of the national objectives contained in 24 CFR 570.208 for a period not less than five years, or for such period of time as determined to be appropriate by County, after expiration of the Contract and close-out of Subrecipient's participation in the CDBG Program, or, until five years after the close-out of the grant from which the assistance to the property, whichever occurs first; or, i.ii. Disposed of in a manner which results in County being reimbursed in an amount equal to the current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is not required after the period of time specified in accordance with this Paragraph 49. g. Property Records: Subrecipient shall maintain real property inventory records, which clearly identify properties purchased, improved, or sold. Properties retained shall continue to meet eligibility criteria, rental limitations, health, safety and building codes, etc., and shall conform to federal and State regulations. h. Equipment: Subrecipient shall use, manage and dispose of equipment in accordance with federal and State regulations. i. Subcontracts: Subrecipient shall submit all subcontract agreements to County of Orange Page 45 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UUl.U. IyHI CIIVCIUpe IL) VDVLOOIU-C //1-4 I J4-OJ4-/UJD IOLCJJ74 County for review and consent prior to entering into such subcontracts. For construction subcontracts, Subrecipient shall submit the Construction Bid Package to County for review and written approval by Director or designee prior to advertising for bids and award for the construction contract. Subrecipient shall construct Project in accordance with the Construction Bid Package, which Director approved, unless prior written approval is received from Director for modification thereof. ii. Subrecipient shall assume responsibility for all subcontracted services to assure Contract compliance. iii. Subrecipient shall cause all of the provisions of this Contract in entirety to be included in and made a part of any subcontract executed in the performance of this Contract. iv. Subrecipient shall monitor all subcontracted services on a quarterly basis to assure Contract compliance. Results of said monitoring efforts shall be summarized in written form, and supported with documented evidence of follow-up actions(s) to correct any area(s) of Contract non- compliance. Documentation shall be made available for periodic monitoring by representatives of County and/or HUD. j. Fair Housing: Subrecipient shall affirmatively further fair housing in accordance with 24 CFR 570. Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funded sub-recipients. The Subrecipient has a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act, along with all applicable State & Federal requirements. k. Grantor Recognition: Subrecipient shall insure recognition of the role of the County in providing services through this Contract. All activities, facilities and items utilized pursuant to this Contract shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Contract. Subrecipient will retain documentation of such recognition, which shall be available for periodic monitoring by representatives of County or HUD. I. Rehabilitation Act: Subrecipient agrees to comply with any federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706) which prohibits discrimination against the handicapped in any federally assisted program. County shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Contract. County of Orange Page 46 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 uuL uoIy1 I CI IVCIUI.JC IL) UDULO.7 I -CV//1-4 I J4-0JV4-/UOD I O4CJJ/4 49. Definitions: For the purposes of this Contract the following definitions shall apply: A. OC Community Resources (OCCR): Designated as the Lead for the development and implementation of County of Orange Urban County Program's Consolidated Plan. B. Director: Director of OC Community Resources, or designee. C. Grantee Performance Report (GPR) Information Form: A Program activity data document provided by County to Subrecipient used to monitor, track and report the performance of Subrecipient. D. OC Community Resources Contract Reimbursement Policy: A County document setting policies regarding types of documentation required to support the costs incurred and paid (including but not limited to copies of paid invoices, certified payroll registers, bank statements, etc.) E. Project: Any site or sites, including buildings, and/or activities assisted with federal program funds. F. OMB: Federal Office of Management and Budget. G. CAPER: Consolidated Annual Performance and Evaluation Report. An annual published report to HUD and the public on all housing-related activities. H. CDBG: 24 CFR Part 570 - Community Development Block Grant — the CDBG regulations set forth eligible activities and the national objectives that each activity must meet. The Catalog of Federal Domestic Assistance (CFDA) # 14.218 distributes formula grants (CDBG) to develop viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income. I. Continuum of Care: An Orange County group composed of representatives of relevant organizations that serve homeless and formerly homeless persons that are organized to plan for and provide, as necessary, a system of services to address the various needs of homeless persons and persons at risk of homelessness. J. Homeless Management Information System (HMIS): The information system designated by the Continuum of Care to comply with HUD's data collection, management, and reporting standards and used to collect client-level data and County of Orange Page 47 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 uUGUJIIyII CI iveiuije IV.UDULOJ I.Y-CVI h1-41 J'-OJ4-I UUD I OL.CJJ/4 data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness. (24 CFR Part 580) K. Equipment: Tangible, non-expendable, personal property having a useful life of more than one year and an acquisition cost of$5,000 or more per unit. L. Substantial Amendment: The following criteria will be used by the County — if any one criteria applies, a substantial amendment will be required: A new activity not previously listed and described in the Consolidated Plan/Annual Action Plan; ii. When a proposal is made to amend the description of an existing activity in such a way that the newly described purpose, scope, or beneficiaries differ significantly from the original activity's purpose, scope, or beneficiaries; and/or iii. An increase in the amount of Federal Community Planning Development and/or local funds allocated to an existing activity when the following apply: a. An increase in funding for a public service activity in an amount that is consistent with County policy; or b. An increase in the funding for public facility improvements/housing rehabilitation in an amount that is consistent with County policy. M. Construction Bid Package: A package of bidding documents which includes the proposal, bidding instructions, Contract documents, detailed estimated costs, and plans and specifications for a construction project, all prepared in accordance with applicable Federal regulations. N. Program Administration: An activity relating to the general management, oversight and coordination of community development programs. Costs directly related to carrying out eligible activities are not included. THE REMAINDER OF THE PAGE WAS INTENTIONALLY LEFT BLANK County of Orange Page 48 of 49 City of Seal Beach OC Community Resources Contract#012-24011207 UUI.uolyll CI IV eltJpe IL).VDVGOJI7-CV/M-4I J4-OJ34-/L JD I UI.CJJ/4 Signature Page IN WITNESS WHEREOF, the Parties hereto certify that they have read and understand all the terms and conditions contained herein and have hereby cause this Contract to be executed. *City of Seal Beach DocuSigned by: B , r (',v�raw' By: y 42TuC4e9u9v6.13.. Jill R Ingram Name: Name: Title: City Manager Title: Dated:4/10/2024 Dated: *For Subrecipients that are corporations, signature requirements are as follows: 1) One signature by the Chairman of the Board, the President or any Vice President; and 2) One signature by the secretary, any Assistant secretary, the Chief Financial Officer or an Assistant Treasurer. For Subrecipients that are not corporations, the person who has authority to bind the Subrecipient to a contract, must sign on one of the lines above. ************************************************************ COUNTY OF ORANGE A Political Subdivision of the State of California COUNTY AUTHORIZED SIGNATURE: CDs Nina Campmas Procurement Contracts Manager of Print Name Title ,--DocuSigned by: Let."poM L.a 6/5/2024 4 tuB59reB298n483_. '.—A4naSig Dated APPROVED AS TO FORM DEPUTY County COUNSEL DocuSigned by: B autl AJA41. Dated: 4/10/2024 Y 71000D32CCC6"67 Deputy County Counsel County of Orange Page 49 of 49 City ofSeal Beach OC Community Re.cource.c contract#012-24011207 UUt.UJIIyI I CIIVCIUp IL/.UDULOO I y-CV I M-4 I J4-OJy4-/L.K)D I Ol..CJJ/4 ATTACHMENT A ot. 7C ,r, ca rn y1/FOR', SCOPE OF SERVICES PUBLIC FACILITIES & IMPROVEMENTS 1. Scope of Services A. HUD Matrix Code /Activity: 03A Senior Centers/570.201 (c) (1) B. Project Title: City of Seal Beach-North Seal Beach Community Center Improvements C. Program Description: Funds will be used to upgrade the structure to improve ADA accessibility, replace interior& exterior lighting to improve energy-efficiency, reconfigure and consolidate kitchen appliances for energy-efficiency. Upgrade single-pane doors to dual-paned glass for efficiency and resiliency; rehabilitate restrooms with ADA compliant upgrades and water-efficient fixtures. D. Project Need: The existing structure was built in 1968 and does not provide ADA accessibility and energy-efficiency. These upgrades will provide both, as well as encourage outdoor use and efficient use of indoor areas. E. Low/Mod Area Benefit 570.208 (a) (1) F. Program Objectives and Outcomes Chart: Activity Outputs Public Facility ADA Improvements Performance Objectives Performance Outcomes Suitable Living Environment Availability/Accessibility CDBG National Objective: LMA 570.208 (a) (1) County of Orange Page 1 of 2 City of Seal Beach OC Community Resources Contract#012-24011207 UUGUJIy1 I CI IV CIUIIC Ill.UDULOJ I l M-4 I J4-OJU4-!UJD I OI,CJJ(4 ATTACHMENT A Outcomes 2952 People 1. Federal Award Identification A. Subrecipient Name: City of Seal Beach B. Subrecipient's Unique Identifier (UEI): J2JWJVWQ8EA6 C. Federal Award Identification Number (FAIN): 14.218 D. Federal Award Date: TBA E. Subaward Period of Performance: FY 2024-25 F. Total Amount of Federal Funds Obligated by the Action: $350,000 CFDA FAIN Award Date Formula Funds Amount TOTAL: $ G. Total Amount of Federal Funds Obligated to the Subrecipient: $350,000 H. Total Amount of the Federal Award: $ I. Federal Award Project Description: North Seal Beach Community Center Improvements J. Federal Awarding Agency: HUD K. Name of PTE: Orange County L. Contact Information for the Awarding Official: Julia Bidwell- Director (714) 480-2991 Julia.Bidwell@occr.ocgov.com M. CFDA Number and Name: 14.218 N. Whether Award is R&D: N/A O. Indirect Cost Rate for the Federal Award: N/A County of Orange Page 2 of 2 City of Seal Beach OC Community Resources Contract#012-24011207 uUUUJIIylI CIIveii a IL/.UDULOJ I.Y-CyI M-4I J4-OJV4-I UJD I OI.CJJ/ ATTACHMENT B cter 7FOs PAYMENT/COMPENSATION PUBLIC FACILITIES & IMPROVEMENTS 1. COMPENSATION: This is a Contract between the County and the Subrecipient for $350,000 as set forth in Attachment A. Scope of Services attached hereto and incorporated herein by reference. The Subrecipient agrees to accept the specified compensation as set forth in this Contract as full remuneration for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the Subrecipient of all its duties and obligations hereunder. The County shall have no obligation to pay any sum in excess of the total Contract amount specified unless authorized by an amendment in accordance with paragraphs C and P of the County's General Terms and Conditions. 2. FIRM DISCOUNT AND PRICING STRUCTURE: Subrecipient guarantees that prices quoted are equal to or less than prices quoted to any other local, state or federal government entity for services of equal or lesser scope. Subrecipient agrees that no price increases shall be passed along to the County during the term of this Contract not otherwise specified and provided for within this Contract. 3. PAYMENT TERMS: An invoice for services/activities shall be submitted to the address specified below upon the completion of the services/activities and approval of the County Project Manager. Subrecipient shall reference Contract number on invoice. Payment will be net 30 days after receipt of an invoice, contingent upon availability of funds, in a format acceptable to the County of Orange, verified and approved by OC Community Resources and subject to routine processing requirements of the County. The responsibility for providing an acceptable invoice rests with the Subrecipient. Billing shall cover services not previously invoiced. The Subrecipient shall reimburse the County of Orange for any monies paid to the Subrecipient for services not provided or when services do not meet the Contract requirements. County of Orange Page 1 of 2 City of Seal Beach OC Community Resources Contract#012-24011207 uuUUJ4yl I CI iv eiupe IL) UDULOO I y-CW//1-4 I 04-OJy4-/uUD I OL.CJJ/9 ATTACHMENT B Payments made by the County shall not preclude the right of the County from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the services. Invoice(s) are to be sent or emailed to: OC Community Resources Accounting 601 N Ross St, 6th Floor, Santa Ana, CA 92701 einvoice@occr.ocgov.com INVOICING INSTRUCTIONS: Further instructions regarding invoicing/reimbursement as set forth in Exhibit 1-OC Community Resources Contract Reimbursement Policy, are attached hereto and incorporated herein by reference. The Subrecipient will provide an invoice on Subrecipient's letterhead for services rendered. Each invoice will have a number and will include the following information: The Demand Letter/Invoice must include Delivery Order(DO) Number, Contract Number, Service date(s) — Month of Service along with other required documentation (See Exhibit 1). 4. OC COMMUNITY RESOURCES CONTRACT REIMBURSEMENT POLICY: Further instructions regarding invoicing/reimbursements as set forth in Exhibit 1 — OC Community Resources Contract Reimbursement Policy, are attached hereto and incorporated herein by reference. County of Orange Page 2 of 2 City of Seal Beach OC Community Resources Contract#012-24011207 uut,uoiyil c.Iveuupe IL/.VDU VDU I.7-CW/M-4 I J4-OJU4-/UJD I OL/CJJ/4 ATTACHMENT C t Eg10) BUDGET SCHEDULE PUBLIC FACILITIES & IMPROVEMENTS 1. Subrecipient's Budget Schedule A. Administration and Program Cost Project Budget Chart City of Seal Beach — North Seal Beach Community Center Improvements Urban County Leveraged Project Costs/Activity Funds Resources Total Design/Project Development N/A $70,000 N/A Acquisition N/A N/A N/A Construction $350,000 0 $350,000 Program Administration 0 Total Project Cost $350,000 $70,000 $420,000 B. Detailed Project Budget Description The existing structure was built in 1968 and does not provide ADA accessibility and energy-efficiency. These upgrades will provide both, as well as encourage outdoor use and efficient use of indoor areas. Funds will be used to upgrade the structure to improve ADA accessibility, replace interior & exterior lighting to improve energy-efficiency, reconfigure and consolidate kitchen appliances for energy-efficiency. Upgrade single-pane doors to dual-paned glass for efficiency and resiliency; rehabilitate restrooms with ADA compliant upgrades and water- efficient fixtures. County of Orange Page 1 of 1 City of Seal Beach OC Community Resources Contract#012-24011207 UUGUOlyll CI IVtl1Upe IL).VOL/LOU I U-CJ/M-4 I J4-0Jy4-/UOD I OI..CJJ/4 ATTACHMENT D „: or 7c _ ,._,. 9 • 1 IF011-\ STAFFING PLAN PUBLIC FACILITIES&IMPROVEMENTS 1. Staffing Plan Project Title: North Seal Beach Community Center Improvements Classification/Title 1 Public Works Director (City) 2 Deputy Public Works Director (City) The substitution or addition of other key individuals in any given category or classification shall be allowed only with prior written approval of the County Project Manager. The Subrecipient may reserve the right to involve other personnel, as their services are required. The specific individuals will be assigned based on the need and time of the service/class required. Assignment of additional key personnel shall be subject to County approval. County of Orange Page 1 of 1 City of Seal Beach OC Community Resources Contract#012-24011207 uui.u,,yuI CIIVL"IUpe IL/.UDULUJ I a-Cal M-91 J4-o.aY-/UJD IUIi CJJ/9 ATTACHMENT E fl4t c J - r ilIFOl t'� PERFORMANCE STANDARDS PUBLIC FACILITIES&IMPROVEMENTS 1. Performance Standards July 1, 2024-Contract Start Date 2. Tools to Measure Project's Effect- North Seal Beach Community Center Improvements Milestone Date Minimum Required Activity Results Achieved Expenditure/Accomplishment Threshold February 15, 2025 50%of Contracted Amount $175,000 Expended February 15, 2025 50%of Proposed Design and/or installation Accomplishments Achieved March 15, 2025 70%of Contracted Amount $245,000 Expended March 15, 2025 70%of Proposed Construction and/or installation Accomplishments Achieved April 15, 2025 80%of Contracted Amount $280,000 Expended April 15, 2025 80%of Proposed Construction and/or installation Accomplishments Achieved June 30, 2025 100%of Contracted Amount $350,000 Expended June 30, 2025 100%of Proposed Construction and/or installation Accomplishments Achieved Funds will be used to upgrade the structure to improve ADA accessibility, replace interior & exterior lighting to improve energy-efficiency, reconfigure and consolidate kitchen appliances for energy-efficiency. Upgrade single-pane doors to dual-paned glass for efficiency and resiliency; rehabilitate restrooms with ADA compliant upgrades and water-efficient fixtures. County of Orange Page 1 of 1 City of Seal Beach OC Community Resources Contract#012-24011207 uut.uoiyII Cs iveiupe IL).UDU.00 IJ-CJ/M-41 J4-OJy4-/UJD I OI,CJJ/4 EXHIBIT 1 OR A NGE COUNT Y dC Community Resources Our Community. Our Commitment. Subject: OC Community Resources Effective: July 1, 2010 Contract Reimbursement Policy Revised: January 17, 2020 PURPOSE: This policy contains updated fiscal documentation requirements for contract reimbursement for OC Community Services and OC Housing & Community Development. The procedures provide instructions for submitting reimbursement demand letter or invoice. REFERENCES: Executed County Board of Supervisors approved contract Budget included in contract or presented as an attachment 48 CFR Part 31 Contract Cost Principles and Procedures 24 CFR Parts 85, 570.502, 570.201, 576.21, 576.51 and 576.61: For OC Housing & Community Development Contracts only. 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) BACKGROUND: The executed Board of Supervisors approved contract is the authorization for all aspects of payment, including the maximum amount to be paid, the payee, and the scope of services and work. Payments are made in strict accordance with the contract terms. Allowable costs are identified in referenced Uniform Guidance and Code of Federal Regulations (CFR). ATTACHMENTS: Reimbursement Policy Status Form (RPS-1) POLICY: Contractor is responsible for the submission of accurate claims. This reimbursement policy is intended to ensure that the Contractor is reimbursed based on the code or codes that correctly describe the services provided. This information is intended to serve only as a general reference resource regarding OC Community Services' and OC Housing & Community Development's reimbursement policy for the services described and is not intended to address every aspect of a reimbursement situation. Accordingly, OC Community Services and OC Housing & Community Development may use reasonable discretion in interpreting and applying this policy to services provided in a particular case. Other factors affecting reimbursement may supplement, modify or, in some cases, supersede this policy. These factors may include, but are not limited to: legislative mandates and County directives. OC Community Services and OC Housing & Community Development may modify this reimbursement policy at any time by publishing a new version of the policy. However, the information presented in this policy is accurate and current as of the date of publication. Cost incurred by Contractor must be substantiated and incurred during the contract period. Total of all reimbursements cannot exceed the amount of the contract. Cost must be allowable under applicable Code of Federal Regulations (CFR) or Uniform Guidance. All supporting documentation for reimbursement must be submitted with demand letter or invoice. If contract Page 1 of 2 uUGUOly;l CIIveiupe IL/.VDVLUO I U-CU/M-4 I /UUO IO1.00014 requires matching contribution, documentation substantiating contribution match must be submitted with demand letter or invoice. At any time, based on County's business needs and/or Contractor's performance,the County may designate Contractor to submit abbreviated or comprehensive documentation, as identified in the respective sections. Upon designation, Contractor will be notified, in writing via Reimbursement Policy Status Form, of which requirements are in full force. When Contractor is required to submit comprehensive documentation, in addition to the items identified in the Abbreviated Documentation Requirements Section, Contractor must also provide the documentation identified in the Comprehensive Documentation Requirements Section. PROCEDURES: Abbreviated Documentation Requirements Compile and submit: 1. Supporting documentation includes, but is not limited to: a. General ledger/expense transaction report b. Payroll register or labor distribution report c. Payroll allocation plan d. Personnel Documentation e. Benefit plan and calculation of benefit f. Employer-employee contract for non-customary benefits (if applicable) g. Pre-approval documentation for equipment purchases equal to or greater than $5,000 2. The following is required with the first month's invoice only: a. Cost allocation plan for rent, utilities, etc. b. Indirect rate approved by cognizant agency (if applicable) 3. Summary of leveraged resources (if applicable) 4. Demand letters must contain the following certification (if required by Contract): "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31 Sections 3729-3730 and 3801-3812)" 5. Grantee Performance Report (if required by Contract) 6. Supporting documentation shall be on single-sided sheets 7. Please redact employees' Social Security Number from payroll reports 8. Demand letter or invoice, along with supporting documentation shall be submitted to: OC Community Resources Accounting 601 N. Ross St., 6th Floor Santa Ana, CA 92701 Comprehensive Documentation Requirements In addition to abbreviated documentation, compile and submit: 9. Purchase orders, invoices, and receipts 10. Cashed checks 11. Check register 12. Consultant/sub-contractor invoices (with description of services) 13. Travel expense documentation: mileage reimbursement, hotel bill, meal reimbursement ACTION: Distribute this policy to all appropriate staff JNQUIRIES: Inquiries may be directed to OCCR Accounts Payable at: OCCRAccountsPayable@occr.ocgov.com Page 2 of 2 UUI.UOIyl I CI Ive upe IU.UDUGUU I7-CV/M-4I J4-OJ.74-I U:)D I UIJCJJ/4 ORANGE COUNTY dC Community Resources Our Community. Our Commitment. Reimbursement Policy Status Form Per OC Community Resources Contract Reimbursement Policy, in regards to the Contract # listed herein, Contractor is designated with the Documentation Status of Abbreviated unless Comprehensive is checked below. If the contractor's designation should change to Abbreviated, a new status form shall be approved. All related documentation requirements are in full force, until further notice. Contractor: City of Seal Beach Effective Date: July 1, 2024 Contract#: 012-24011207 Documentation Status: ® Abbreviated ❑ Comprehensive Program Authorization by: Auditor Controller Authorization by: Eric Takanishi Print Name: Npaa-Gaftitiaings Print Name: E4se1. cuSigned by: 4,6V4., C-A .4, Gillamac V1G l'atbuAisLi Signed by:, ,,,..e, ,,-oo \- co-,,c—o-i.,, 6/5/2024 Signed by: Date: 6/6/2024 Date: Two signatures are required to implement the form. Distribution: Contractor Auditor Controller Contract File Program File Reimbursement Policy Status (RPS-1) UUI.uJIyl I CI II/Cll./ye IU.VOU OJIy-CV/M-Y I JY-OJ.7'1-/UUCI I UVCJJIN EXHIBIT 2 Certification for U S Department of Housing and Urban Development a Drug-Free Workplace City of Seal Beach Contract#012-24011207 Applicant Name CDBG—Public Facilities and Improvements. Housing Rehabilitation. Public Services Program/Activity Receiving Federal Grant Funding Acting on behalf of the above named Applicant as its Authorized Official, I make the following certifications and agreements to the Department of Housing and Urban Development(HUD)regarding the sites listed below: I certify that the above named Applicant will or will continue (I) Abide by the terms of the statement;and to provide a drug-free workplace by: (2) Notify the employer in writing of his or her convic- a. Publishing a statement notifying employees that the un- tion for a violation of a criminal drug statute occurring in the lawful manufacture, distribution, dispensing, possession, or use workplace no later than five calendar days after such conviction; of a controlled substance is prohibited in the Applicant's work- e. . Notifying the agency in writing, within ten calendar place and specifying the actions that will be taken against days after receiving notice under subparagraph d.(2) from an employees for violation of such prohibition. em- ployee or otherwise receiving actual notice of such b. Establishing an on-going drug-free awareness program to conviction. Employers of convicted employees must provide inform employees--- notice, includ- ing position title, to every grant officer or (I) The dangers of drug abuse in the workplace; other designee on whose grant activity the convicted employee was working, unless the Federal agency has (2) The Applicant's policy of maintaining a drug-free designated a central point for the receipt of such notices. workplace; Notice shall include the identification number(s) of each (3) Any available drug counseling, rehabilitation, and affected grant; employee assistance programs; and f. Taking one of the following actions, within 30 calendar (4) The penalties that may be imposed upon employees days of receiving notice under subparagraph d.(2), with respect for drug abuse violations occurring in the workplace. to any employee who is so convicted --- c. Making it a requirement that each employee to be engaged (I) Taking appropriate personnel action against such an in the performance of the grant be given a copy of the statement employee, up to and including termination, consistent with the required by paragraph a.; requirements of the Rehabilitation Act of 1973,as amended; or d. Notifying the employee in the statement required by pars (2) Requiring such employee to participate satisfacto- graph a. that, as a condition of employment under the grant, the my in a drug abuse assistance or rehabilitation program ap- employee will --- proved for such purposes by a Federal, State, or local health, law enforcement,or other appropriate agency; g. Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs a. thru f. 2. Sites for Work Performance. The Applicant shall list(on separate pages) the site(s) for the performance of work done in connection with the HUD funding of the program/activity shown above: Place of Performance shall include the street address, city, county, State, and zip code. Identify each sheet with the Applicant name and address and the program/activity receiving grant funding.) Check here Oif there are workplaces on file that are not identified on the attached sheets. I hereby certify that all the information stated herein,as well as any information provided in the accompaniment herewith, is true and accurate. Warning:HUD will prosecute false claims and statements.Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010,1012. I U.S.C.3729,3802) Name of Authorized Officiai 1 1 R Ingram T tle City Manager Signa'Gre D c 3 y...J 6y Date X Jitt r (vilstuM 4/10/2024 -4270c4c769oe423 form HUD-50070(3/98) ref.Handbooks 7417.1 ,7475.13.7485.1&.3 UUI.UOI II CIIveiupe IL).UOULU.)IW-CVl 11-41 J4-OJ74-/UJDIUL.CJJ/4 Exhibit 3 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and suspension, 29 CFR Part 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211) (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION) (1) The contractor or grant recipient of Federal assistance funds certifies, by submission of this exhibit document, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department oragency. (2) Where the contractor or grant recipient of Federal assistance funds is unable to certify to any of the statements in this certification, the contractor or grant recipient shall attach an explanation to this exhibit document. Jill R Ingram Name City Manager Title —DocuSigned by: r ktonm% 4/10/2024 Au cSigtotature Date County of Orange Page 1 of 2 City of Seal Beach OC Community Resources Contract No 012-24011207 UUGU. IIJ.II CIIVCIUNe IU.VOULOVIU-CUI M-91 J'1-OJY9-f LAM I OI)CJJ/9 Exhibit 3 DEBARMENT AND SUSPENSION CERTIFICATION - Instructions for Certification 1. By signing and submitting this exhibit document, the contractor or grant recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in the clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the contractor or grant recipient of Federal assistance funds knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The contractor recipient of Federal assistance funds shall provide immediate written notice to the County of Orange/Workforce Investment Board to which this certification document is submitted if at any time the contractor or grant recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The contractor or grant recipient of Federal assistance funds agrees by submitting this certification document that, should the covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 5. The contractor or grant recipient of Federal assistance funds further agrees by submitting this certification document that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. The contractor or grant recipient in a covered transaction may rely upon a certification of a contractor or grant recipient in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The contractor or grant recipient may decide the method and frequency by which it determines the eligibility of its principals. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the contractor or grant recipient is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these instructions, if the contractor or grant recipient in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. County of Orange Page 2 of 2 City of Seal Beach Contract OC Community Resources No.012-24011207 IJUUUJIyI I CI IVCIUpe IU.VOULOJ I U-CUI M-4 I JN-OJy4-/UJD I OL.CJJI 4 EXHIBIT 4 INSTRUCTIONS FOR COMPLETION OF SF-LLL DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with a covered Federal action. Use the SF LLL-A Continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying is and has been secured to influence the outcome of a covered action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include congressional district. if known. Check the appropriate classification of the reporting entity that designates if it is,or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e. g. the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts. subgrants and contract awards under grants. 5. If the organization filing the report, in item 4 checks"Subawardee",then enter the full name,address,city, state,and zip code of the prime Federal recipient.Include congressional district,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e. g. Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number the contract, grant. or loan award number; the application proposal control number assigned by the Federal agency). Include prefixes,e.g.,'RFP DE 90 09." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the primary entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name,and Middle Initial(MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity(item 10). Indicate whether the payment has been made(actual) or will be made (planned). Check all boxes that apply. If this is a material change report enter he cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es).Check all boxes that apply. If payment is made through an in kind contribution,specify the nature and value of the in kind payment. 13. Check the appropriate box(es).Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed,or will be expected to perform, and the date(s)of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s)or employee(s)contacted and the officer(s),employee(s),or Member(s)of Congress that were contacted. 15. Check whether or not a SF LLL A Continuation Sheet(s)is attached. 16. The certifying official shall sign and date the form,print his/her name,title,and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions. searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget.Paperwork Reduction Project(0348 0046)Washington D.C.,20503. County of Orange Page 1 of 3 City of Seal Beach OC Community Resources Contract No. 012-24011207 UUL.U0191 I CI IVCIUpe IL).VDULU:)I7-CV/M-4 I J4-0JW4-/UJD IUI,CJJ/4 EXHIBIT 4 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose activities pursuant to 31 U.S.0 1352 1. Type of Federal Actions: 2. Status of Federal Actions: 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For material change only: e. loan guarantee Year: Quarter: f. loan insurance Date of last report:_ 4. Name and Address of Reporting Entity 5. If Reporting Entity in No.4 is a Subawardee: Prime Subawardee Enter Name and Address of Prime: Tier if known Congressional District,if known: Congressional District,if known: 6. Federal Department/Agency: 7. Federal Program Name/Description 8. Federal Action Number,if known: 9. Award Amount,if known: 10a. Name and Address of Lobbying Entity 10b. Individual Performing Services (if individual,last name,first name, MI): (including address if different from No. 10a) (last name,first name,MI): (attach Continuation Sheets SF-LLL-A,if necessary) 11. Amount of Payment(check all that apply): 13. Type of Payment(check all that apply) $ Actual a. retainer Planned b. one-time free 12. Form of Payment(check all that apply): c. commission a. cash d. contingent fee b. in-kind: specify: e. deferred nature: f. other specify: value: 14. Enter Description of Services performed or to be Performed and date(s)of Service,including officer(s),employee(s),or Member(s) contacted,for Payment indicated on item 11: 15. Continuation sheet(s)SF-LLL-A attached: ❑ Yes '-D?Cg5 d by: 16. Information requested through this form authorized by Title ,j LL,�r 14rq,,h, 31 U.S.C.Section 1352.This disclosure of lobbying activities is a Signature:_4„nC4C'F9 3 material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into.This disclosure is required pursuant to 31 U.S.C. 1352.This information will be reported to the Congress semiannually and will be available for Jill R Ingram public inspection.An person who fails to file the required disclosure Print Name: shall be subject to a civil penalty of not less than$10,000 and not Title: City Manager more than$100,000 for each such failure. Telephone No: 4/10/2024 Date: County of Orange Page 2 of 3 City of Seal Beach OC Community Resources Contract No. 012-24011207 UUUU. IyfI CI iveiupe IU.UDULW I I M-4 I J4-OJW4-/UUD I OI.CJJ/4 EXHIBIT 4 DISCLOSURE OF LOBBYING ACTIVITIES CONTINUATION SHEET Approved by OMS - 0348-0046 Reporting Entity: Page of BILLING CODES 3410-01 -C;6450-01-C;6890-01 ;6025-01-C; 7510-01-C,35 1 O-FE-C;8120-01 -C;4710-24-C,6116-01 -C, County of Orange Page 3 of 3 City of Seal Beach OC Community Resources Contract No. 012-24011207 UULUJIIy.I I at IytiupC IL).VDVLOLI M-41J4-O..) *f IJUD IOI,CJJl4 EXHIBIT 5 Page 1 of 1 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS,GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies,to the best of his or her knowledge and belief,that: (1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract,grant, loan,or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all* subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements)and that all* subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. city of seal Beach Grantee/Contractor Organization Jill R Ingram Name City Manager Title,(DocuSigned by. "-4770C4C76908421 Authorized Signature *Note: In these instances,"All," in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over$100,000(per OMB). City of Seal Beach Contract No. 012-24011207 EXHIBIT D FAITHFUL PERFORMANCE BOND Executed In Duplicate Bond No. 100241543 Premium: $7,981.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach ("City"), has awarded to MDJ Management, LLC. 531 Main Street Suite 611, El Segundo, CA 90245 ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: NORTH SEAL BEACH COMMUNITY CENTER (CIP BG2501) (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and Merchants Bonding Company (Mutual) 701 Palomar Airport Road Suite 300, Carlsbad, CA 92011 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Three Hundred Nineteen Thousand Two Hundred Twenty One and 89/100 Dollars ($ 319,221.89 ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: August 23, 2024 "Principal" "Surety" MDJ Management, LLC. Merchants Bonding Company (Mutual) By: / ./. ` By: • Its Ma}} WL• r1n'.llo„` Nt5:cit vt / Its Cheryl L. Thomas, Attorney-In-Fact By: By: Its Its (Seal) (Seal) Note This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Orange } On August 23, 2024 before me, W. Walker, Notary Public (Here insert name and title of the officer) personally appeared Cheryl L. Thomas who proved to me on the basis of satisfactory evidence to be the person(e) whose name( ) isfaf-e subscribed to the within instrument and acknowledged to me that 1-re-/she/they executed the same in his/her/their authorized capacity(ies), and that by hits/her/their signature(e) on the instrument the person(s), or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. W.WALKER r�; COMM. #2484032 g WITNESS my hand and official seal. o::r. ;.Rt, Notary Public •California o j� Orange County t�JU � M�Comm,Expires Mary 30,2028 Notary Public Signature (Notary Public Seal) F — — ♦ ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknolwedgents from other states may be completed for documents being sent to that state so long as the MDJ Management LLC wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document Bond#: 100241543 signer(s)personally appeared before the notary public for acknowledgment. (Title or description of attached document continued) • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages 2 Document Date 8/23/24 commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual (s) he/she/!}hey-is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. O Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on tile with the office of the county clerk. p Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other : Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document with a staple MERCHANT' BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the "Companies")do hereby make,constitute and appoint,individually, Beata A Sensi;Cathy S Kennedy;Cheryl L Thomas;Shane Wolf;Wrenetta Walker their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee. shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 3rd day of May . 2024 • �•.�P""""•• ••"'•• MERCHANTS BONDING COMPANY(MUTUAL) ZION4 '. .• • ���\%1G CQ,j�A• MERCHANTS NATIONAL BONDING,INC. PORK•. . ' PO,9.q,' d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY Cl94" r7 2003 cz' • . 1933 c By •�d�1/ : : • N• • • President STATE OF IOWA '•.COUNTY OF DALLAS ss. ' ""•.• On this 3rd day of May 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. „P Penni Miller Z C�"Q 7> Commission Number 787952 • ail: • My Commission Expires - rowa. January 20,2027 l * �_��lotapr�ibl (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 23rd day of August ,2024 . 4,�+• •PO • O Q1P0 •. Co veV• _o_ 010: — -o- ag‘"r411"1"-""".....A• 2003 `Z •y 1933 .c Secretary ••� • fi..•' • • ��•... .• •1 • •�'" POA 0018 (1/24) •• '•""'�•� EXHIBIT E PAYMENT BOND (LABOR AND MATERIALS) Executed In Duplicate Bond No. 100241543 Premium:Included in Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach ("City"), State of California, has awarded to MDJ Management. LLC. 531 Main Street Suite 611. El Segundo, CA 90245 ("Principal") (Name and address of Contractor) a contract(the "Contract")for the Work described as follows: NORTH SEAL BEACH COMMUNITY CENTER (CIP BG2501) (Project name) WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and Merchants Bonding Company (Mutual) 701 Palomar Airport Road Suite 300, Carlsbad, CA 92011 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000)of Part 6 of Division 4 of the Civil Code in the penal sum of Three Hundred Nineteen Thousand Two Hundred Twenty One and 89/100 Dollars ($ 319,221.89 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: August 23, 2024 "Principal" "Surety" MDJ Management, LLC. Merchants Bonding Company (Mutual) By: '1' By: ali4c L >• `17--dvxt.[.._ Its iyy,+.# ' c rn; ((,o.,�, Pies,o(tv'.f- Its Cheryl L. Thomas, Attorney-In-Fact By: By: Its Its (Seal) (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Departments most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Orange } On August 23, 2024 before me, W. Walker, Notary Public ,Here'nsert^ame 3^d!'tie of ice officer) personally appeared Cheryl L. Thomas who proved to me on the basis of satisfactory evidence to be the person whose names) is/aie subscribed to the within instrument and acknowledged to me that f-reishe/they executed the same in H's-/her/heif authorized capacityftes), and that by fits/her/tl�eir signature() on the instrument the person*, or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. W.WALKER WITNESS myhand and official seal. :: COMM. #24fi4o32 z o � _= �_, Notary Public •California z S Orange County / \ Comm.Expires Mar_30,2028 Notary Public Signature (Notary Public Seal) • ♦ ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed.should be completed and attached to the document..4cknolwedgents from other states may be completed for documents being sent to that state so long as the MDJ Management LLC wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document Bond#: 100241543 signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages 2 Document Date 8/23/24 commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. El Individual (s) he/she/they;-is/ace)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. O Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. E Attorney-in-Fact 4. Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document,number of pages and date. ❑ + Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO.Secretary). • Securely attach this document to the signed document with a staple MERCHANT` BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the "Companies")do hereby make,constitute and appoint,individually, Beata A Sensi;Cathy S Kennedy:Cheryl L Thomas;Shane Wolf;Wrenetta Walker their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, • bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 3rd day of May , 2024 • ••••P•''....."'• ••"'•• MERCHANTS BONDING COMPANY(MUTUAL) (tONq�'•.•• •(-A.- CO •• MERCHANTS NATIONAL BONDING,INC. g*•OKPOV. 0'• •(O�p%POq,4. . d/bla MERCHANTS NATIONAL INDEMNITY COMPANY t ;:; % 1 :i:h1;33J ' By 7,‘,--, STATE OF IOWA .0 �. �" ,„. President COUNTY OF DALLAS ss. ••�"""'��� On this 3rd day of May 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies:and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. _ �•—� �� O�PFtiA(S� Penni Miller / • • Z �,��p ? Commission Number 787952 S/ • «a^•i• • My Commission Expires lOWA January 20,2027 ...� ' �'.--,_ of ry..Pdbl (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 23rd day of August ,2024 . 0R1t0N44•• ••,k0 Cp'• P O p O ii. 0 42/-1---. `%/ :r•?Gad gi;..Z: •4*.••o q'4,9ss _' a• 1933 .c Secretary=0 • 2003 Z: .s .� • \ate,,• • POA 0018 (1/24) "'•'• EXHIBIT F WORKER'S COMPENSATION INSURANCE CERTIFICATE EXHIBIT G-1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY] EXHIBIT G-2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] EXHIBIT G-7 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY MDJMANA-01 LYBARRA ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 8/26/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CT Lisa Ybarra Acrisure Southwest Partners Insurance Services,LLC NExt):(714)516-2976 (FAI�c,Ner(714)516-2965 4000 Westerly Place Suite 110 .DDREBB:LYbarra@acrisure.com Newport Beach,CA 92660 INSURER(S)AFFORDING COVERAGE NAIL INSURER A:Scottsdale Insurance Company 41297 INSURED INSURER a:Travelers Casualty and Surety Company of America 31194 MDJ Management LLC INSURER C:State Compensation insurance Fund of California 35076 531 Main St.,Suite#611 INSURERD: El Segundo,CA 90245 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE �gp INVD POLICY NUMBER FII SUBR I DD/YYYI FYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAMS-MADE X OCCUR X X BCS2001653 7/1/2024 7/1/2025 PRD EM SES(Ee axunence) $ 100,E MED EXP(My one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OP AGO $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY (Ea COMBINED SINGLE LIMIT $ 1,000,000 accidentX ANY AUTO X x BA-5Y156143-24-42-G 7/1/2024 7/1/2025 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODIILYINJUR Y(Peeraccident) $ XUT X NON-OWNED ME . rpAMpEAOS ONLY UU Y $ A UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 4,000,000 X EXCESS LAB CLAMS-MADE X X XLS2004678 7/1/2024 7/1/2025 AGGREGATE $ 4,000,000 DED RETENTION$ $ C WORKERS COMPENSATION X STATUTE OT H- IA AND EMPLOYERS'LBILITYER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N X 923620624 7/1/2024 7/1/2025 E.L EACH ACCIDENT $ 1,000,000 FICER/MEMBER EXCLUDED? N/A andato.y in NH) E.L.DISEASE-EA EMPLOYEE,$ '�0'0O0 Byes describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:NORTH SEAL BEACH COMMUNITY CENTER PROJECT CIP#BG2501 ORANGE COUNTY CONTRACT#012-24011207.CITY OF SEAL BEACH,ITS ELECTED AND APPOINTED OFFICIALS,OFFICERS,EMPLOYEES,ATTORNEYS,AGENTS,VOLUNTEERS,AND INDEPENDENT CONTRACTORS IN THE ROLE OF CITY OFFICIALS,COUNTY OF ORANGE,ITS ELECTED AND APPOINTED OFFICIALS,OFFICERS,EMPLOYEES AND AGENTS ARE NAMED AS ADDITIONAL INSURED,PRIMARY&NON-CONTRIBUTORY AND WAIVER OF SUBROGATION AS RESPECTS TO GENERAL LIABILITY AND AUTO LIABILITY PER ENDORSEMENTS ATTACHED.WORKERS COMPENSATION WAIVER OF SUBROGATION APPLIES PER ENDORSEMENT ATTACHED.EXCESS LIABILITY POLICY FOLLOWS FORM OVER GENERAL LIABILITY,AUTO LIABILITY AND EMPLOYERS LIABILITY POLICIES. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE I THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF SEAL BEACH CITY STREET ACCORDANCE WITH THE POLICY PROVISIONS. 211SEAL BEACH,CA 90740 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ®1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MDJMANA-01 LYBARRA MI?If) DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 8/26/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NOMTACT Lisa Ybarra Acrisure Southwest Partners Insurance Services,LLC (A/C.No,Ext):(714)516-2976 I Ax IFAIc,Nel:(714)516-2965 4000 Westerly Place Suite 110 ass:Iybarra@acri5Urs.com Newport Beach,CA 92660 INSURER(S)AFFORDING COVERAGE NAIL INSURER A:Lloyd's INSURED INSURER B: MDJ Management LLC INSURERC: 531 Main St.,Suite#611 INSURER 0: El Segundo,CA 90245 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. nos SUM POLICY EFF POLICY DOB LTR TYPE OF INSURANCE INS WVDD POLICY NUMBER UNITS COMMERCIAL GENERAL UABNJTY EACH OCCURRENCE S CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ MED EXP(Any one psreon) $ PERSONAL&ADV INJURY $ GEM AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: AUTOMOBILE LIABILITY (COMBINEDnntSINGLE UNIT S ANY AUTO BODILY INJURY(Per person) $ �— AUTOS ONLY SCHEDULEDNED BODILY INJURY(Per accident) $ HIRED EMS PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY ror l S UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS(JAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y IN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ A SEXUAL MISCONDUCT ME0547070024 8123/2024 8/8/1025 EACH OCCURRENCE 1,000,000 A ME0547070024 8/223/2024 8/8/2025 AGGREGATE 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) RE:NORTH SEAL BEACH COMMUNITY CENTER PROJECT CIP#BG2501 ORANGE COUNTY CONTRACT#012-24011207.CITY OF SEAL BEACH,ITS ELECTED AND APPOINTED OFFICIALS,OFFICERS,EMPLOYEES,ATTORNEYS,AGENTS,VOLUNTEERS,AND INDEPENDENT CONTRACTORS IN THE ROLE OF CITY OFFICIALS,COUNTY OF ORANGE,ITS ELECTED AND APPOINTED OFFICIALS,OFFICERS,EMPLOYEES AND AGENTS ARE NAMED AS ADDITIONAL INSURED APPLIES,ENDORSEMENT TO FOLLOW. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF SEAL BEACH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 211 8TH STREET SEAL BEACH,CA 90740 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT G-5 ADDITIONAL INSURED ENDORSEMENT [INSERT INSURANCE CERTIFICATE SHOWING EMPLOYEE DISHONESTY ADDITIONAL INSURED ENDORSEMENT MDJMANA-01 LYBARRA ACORO DATE(MMANNYY1m CERTIFICATE OF LIABILITY INSURANCE 8/26/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of suc��hppendorsement(s). PRODUCER TACT Lisa Ybarra Acrisure Southwest Partners Insurance Services,LLC PHONE 714 516-2976 FAx 4000 Westerly Place EMAIL.Ems)•( ) (A/C,Nol:(714)516-2965 Suite 110 ADDREss,lybarra@acrisure.com Newport Beach,CA 92660 INSURER(S)AFFORDING COVERAGE MAICC INSURER A:Underwriters at Lloyd's, London(IL) 15792 INSURED INSURER B: MDJ Management LLC INSURER C: 531 Main St.,Suite#611 INSURER D: El Segundo,CA 90245 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP UNITS LTR INSD WYD (MMIDD/YYYY) (MM/DD/YYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR E TO RENTED PREEMISES(Ea axurtenee) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEM.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY ( BINED INGLE LIMITEa accident) $ ANY AUTO BODILY INJURY(Per person) $ OWNED AUTOS ONLY AUTOSULED BODILY INJURYp (Per accident) $ AUTOS ONLY _ AUUTOS ONLYY Pperr acaderd) E $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS UAB ^CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N • STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH)Myer E.L.DISEASE-EA EMPLOYEE f DESCRIPTION under RIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A PROFESSIONAL LIAB. ANE432108523 11/8/2023 11/8/2024 PER CLAIM/AGGREGATE 2,000,000 A RETRO DATE 11/8/2019 ANE432108523 11/8/2023 11/8/2024 DEDUCTIBLE 7,500 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached If more space Is required RE:NORTH SEAL BEACH COMMUNITY CENTER PROJECT CIP#BG2501 ORANGE OUNTY CONTRACT#012-24011207. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF SEAL BEACH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 211 Sri STREET ACCORDANCE WITH THE POLICY PROVISIONS. SEAL BEACH,CA 90740 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT G-6 ADDITIONAL INSURED ENDORSEMENT [INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY, IF REQUIRED] MDJMANA-01 LYBARRA ` DATE(MM/DDM/YY)CERTIFICATE OF LIABILITY INSURANCE 8/26/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER cTEACT Lisa Ybarra NAM Acrisure Southwest Partners Insurance Services,LLC PHONEwc, o ;(714)516-2976 AX (FAIc,No(714)516-2965 4000 Westerly Place Suite 110 ADDRESS;Iybarre�acrisure.com Newport Beach,CA 92660 INSURER(S)AFFORDING COVERAGE NAIL INSURER A:Hiscox Insurance Company Inc. 10200 INSURED INSURER B: MDJ Management LLC INSURER C: 531 Main St.,Suite#611 INSURER O: El Segundo,CA 90245 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WtID IMMIDD/YYYY) (MMD//DYYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S CLAIMS-MADE OCCUR AMAGE TO RENTED PREMISES(Ea occurrence) $ MED EXP(Any one person) S PERSONAL&ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S POLICY SECT LOC PRODUCTS-COMP/OP AGG $ OTHER: S AUTOMOBILE LIABILITY _Ma accident)INGLE LIMIT S ANY AUTO BODILY INJURY(Par person) S OWNED SCHEDULED S ONLY AUTOS A BODILY INJURY(Per accident) S AUTOS ONLY AUUTOS ONLY { OPERTY DAMAGE _$ $ _ UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S DED I RETENTIONS S WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT f OFFICER/MEMBER EXCLUDED? NIA ndatory in NH) E.L DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S A CRIME POLICY UC2547089624 8/8/2024 8/8/2025 LIMIT 100,000 A UC2547089624 8/8/2024 8/8/2025 DEDUCTIBLE 5,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE:NORTH SEAL BEACH COMMUNITY CENTER PROJECT CIP#BG2501 ORANGE COUNTY CONTRACT#012-24011207.CITY OF SEAL BEACH,ITS ELECTED AND APPOINTED OFFICIALS,OFFICERS,EMPLOYEES,ATTORNEYS,AGENTS,VOLUNTEERS,AND INDEPENDENT CONTRACTORS IN THE ROLE OF CITY OFFICIALS,COUNTY OF ORANGE,ITS ELECTED AND APPOINTED OFFICIALS,OFFICERS,EMPLOYEES AND AGENTS ARE NAMED AS LOSS PAYEE PER ENDORSEMENT ATTACHED. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF SEAL BEACH CITY 8TH STREET ACCORDANCE WITH THE POLICY PROVISIONS. 211SEAL BEACH,CA 90740 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ®1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD H ISCOX C-Suite Endorsement 6 NAMED INSURED: MDJ Management LLC E1422.2 Loss Payable Endorsement In consideration of the premium charged, and on the understanding this endorsement leaves all other terms, conditions, and exclusions unchanged, it is agreed the Crime Coverage Part is amended as follows: SCHEDULE [X] Joint Payee City of Seal Beach 211 -8th Street Seal Beach, CA 90740 County of Orange 600 Parkcenter Drive Santa Ana, CA 92705 [] Sole Payee I. If"Joint Payee"is selected in the above Schedule,you agree that any loss payable under this policy will be jointly paid to you and any Joint Payee(s) listed in the Schedule according to the corresponding percentage(s)listed above or, if no percentage is shown, according to the Joint Payee's respective interest in the loss.Any such payment we make will constitute payment to you.We agree that we will make all such payments jointly to you and the Joint Payee(s), and we will not make any payment solely to you unless we receive a request in writing from the Joint Payee(s)to make such payment to you or unless the Joint Payee(s) have no interest in the loss. II. If"Sole Payee"is selected in the above Schedule,you agree that any loss payable under this policy will be paid to the Sole Payee(s) listed in the Schedule according to the corresponding percentage(s) listed above or, if no percentage is shown, according to the Sole Payee's respective interest in the loss.Any such payment we make will constitute payment to you.We will make all such payments to the Sole Payee(s)and we will not make any payment solely to you unless we receive a request in writing from the Sole Payee(s)to make such payment to you. III. This policy is for your benefit only. It provides no rights or benefits to any other person or organization, including any entity listed in the above Schedule, other than to receive payment for loss as provided by Sections I. and II. of this Endorsement.You must present any claim for loss covered under this policy. Endorsement effective: 08/08/2024 Certificate No.: UC25470896.24 Endorsement No: 6 Processed Date: 08/08/2024 Hiscox Inc. CSUCRI E1422 CW(01/21) Page 1 of 2 H I SCOX C-Suite Endorsement 6 NAMED INSURED: MDJ Management LLC Authorized Representative Kevin Kerridge CSUCRI E1422 CW(01/21) Page 2 of 2 EXHIBIT H ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business& Professions Code § 7028.15] [Public Contract Code § 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below(required at time of award): Business &Professions Code §7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code § 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors'State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the Bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the Contract and shall result in the forfeiture of the security of the Bidder. License No.: 1044711 Class: B Expiration Date: 9/30/26 Date: 8/22/24 EXHIBIT I AGREEMENT TO COMPLY WITH LABOR LAW REQUIREMENTS AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code§§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with all applicable provisions of California law, including but not limited to the following: 1. Contractor acknowledges that this Contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the Work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract." Date 8/22/24 Signature 2Yf n2 ` �'7it EXHIBIT J FEDERAL LABOR STANDARDS PROVISIONS FORM HUD-4010 (06/2022) HUD-4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions Office of Davis-Bacon and Labor Standards A. APPLICABILITY The Project or Program to which the construction work covered by this Contract pertains Is being assisted by the United States of America,and the following Federal Labor Standards Provisions are Included in this Contract pursuant to the provisions applicable to such Federal assistance. (1) MINIMUM WAGES (I) Ail laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week,and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR Part 3)),the full amount of wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment,computed at rates not less than those contained In the wage determination of the Secretary of Labor(which is attached hereto and made a part hereof), regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions of 29 CFR 5.5(a)(1){Iv);also,regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly)under plans,funds,or programs,which cover the particular weekly period,are deemed to be constructively made or Incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to skill,except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein:Provided,that the employer's payroll records accurately set forth the time spent in each classification In which work is performed.The wage determination(including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii)and the Davis-Bacon poster(WH1321)) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place,where it can be easily seen by the workers. (ii) Additional Classifications. (A) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination.HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; (2) The classification is utilized In the area by the construction industry;and (3) The proposed wage rate,including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor,the laborers and mechanics to be employed In the classification(if known),or their representatives,and HUD or its designee agree on the proposed classification and wage rate(including the amount designated for fringe benefits,where appropriate),a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division("Administrator"),Employment Standards Administration, U.S.Department of Labor,Washington,D.C.20210.The Administrator,or an authorized representative,will approve,modify,or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or Its designee within the 30-day period that additional time is necessary.(Approved by the Office of Management and Budget("OMB")under OMB control number 1235-0023.) (C) In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives, or HUD or its designee do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits,where appropriate),HUD or its designee shall refer the questions,including the views of all interested parties and the recommendation of HUD or its designee,to the Administrator for determination.The Administrator,or an authorized representative,will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary.(Approved by the Office of Management and Budget under OMB Control Number 1235-0023.) HUD-4010(06/2022) Previous editions are obsolete. Page 1 of 5 ref.Handbook 1344.1 Contractors and subcontractors shall maintain the full social security number and current address of each covered worker,and shall provide them upon request to HUD or its designee if the agency is a party to the contract,but if the agency Is not such a party,the contractor will submit the payrolls to the applicant sponsor,or owner,as the case may be,for transmission to HUD or Its designee,the contractor,or the Wage and Hour Division of the U.S. Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements.It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records,without weekly submission to HUD or its designee.(Approved by the Office of Management and Budget under OMB Control Number 1235-0008,) (B) Each payroll submitted shall be accompanied by a"Statement of Compliance,"signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the Information required to be provided under 29 CFR 5.5(a)(3)(Il),the appropriate information is being maintained under 29 CFR 5.5(a)(3)(I),and that such Information is correct and complete; (2) That each laborer or mechanic(including each helper,apprentice,and trainee)employed on the contract during the payroll period has been paid the full weekly wages earned,without rebate,either directly or indirectly,and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed,as specified in the applicable wage determination incorporated into the contract;and (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance"required by subparagraph (a)(3)(11)(b). (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. (Ili) The contractor or subcontractor shall make the records required under subparagraph(a)(3)(I)available for inspection, copying,or transcription by authorized representatives of HUD or its designee or the U.S.Department of Labor,and shall permit such representatives to interview employees during working hours on the job.If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may,after written notice to the contractor,sponsor,applicant,or owner,take such action as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds.Furthermore,failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and Trainees. (i) Apprentices.Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor,Employment and Training Administration,Office of Apprenticeship Training,Employer and Labor Services,or with a State Apprenticeship Agency recognized by the Office,or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program,who Is not individually registered in the program,but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services,or a State Apprenticeship Agency(where appropriate),to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program.Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above,shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not'ess than the applicable wage rate on the wage determination for the work actually performed.Where a contractor Is performing construction on a project In a locality other than that in which its program Is registered,the ratios and wage rates(expressed In percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress,expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination, Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program, HUD-4010(06/2022) Previous editions are obsolete. Page 3 of 5 ref.Handbook 1344.1 (II) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a)of the Davis-Bacon Actor 29 CFR 5,12(a)(1)or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (Ili) Anyone who knowingly makes,presents,or submits a false,fictitious,or fraudulent statement,representation or certification is subject to criminal,civil and/or administrative sanctions,including fines,penalties,and imprisonment (e.g., 18 U.S.C. §§287,1001,1010,1012;31 U.S.C.§§3729,3802. (11)Complaints,Proceedings,or Testimony by Employees.No laborer or mechanic,to whom the wage,salary,or other labor standards provisions of this Contract are applicable,shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or Instituted or caused to be Instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The provisions of this paragraph(b)are applicable where the amount of the prime contract exceeds$100,000.As used in this paragraph,the terms"laborers"and"mechanics"include watchmen and guards. (1) Overtime requirements.No contractor or subcontractor contracting for any part of the contract work,which may require or involve the employment of laborers or mechanics,shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours In such workweek,unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation;liability for unpaid wages;liquidated damages.In the event of any violation of the clause set forth in subparagraph 8(1)of this paragraph,the contractor,and any subcontractor responsible therefor,shall be liable for the unpaid wages.In addition,such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory)for liquidated damages.Such liquidated damages shall be computed with respect to each individual laborer or mechanic,including watchmen and guards,employed in violation of the clause set forth in subparagraph B(1)of this paragraph,in the sum set by the U.S. Department of Labor at 29 CFR 5.5(b)(2)for each calendar day on which such individual was required or permitted to work In excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph B(1)of this paragraph.In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990(28 U.S.C.§2461 Note),the DOL adjusts this civil monetary penalty for inflation no later than January 15 each year. (3) Withholding for unpaid wages and liquidated damages.HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S.Department of Labor,withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract,or any other Federal contract with the same prime contract,or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor,such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages,as provided in the clause set forth in subparagraph B(2)of this paragraph. (4) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph B(1) through(4)of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs B(1)through(4)of this paragraph. C. HEALTH AND SAFETY The provisions of this paragraph(c)are applicable where the amount of the prime contract exceeds$100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous,or dangerous to his or her health and safety,as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The contractor shall comply with ail regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to comply may result In imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act,(Public Law 91-54,83 Stat 96),40 U.S.C.§3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract,so that such provisions will be binding on each subcontractor.The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. HUD-4010(06/2022) Previous editions are obsolete. Page 5 of 5 ref.Handbook 1344,1 EXHIBIT K DAVIS-BACON PREVAILING WAGE DETERMINATION CA20210024, Mod 13, 10/22/21 7/29/24,1:23 PM SAM.gov "General Decision Number: CA20210024 10/22/2021 Superseded General Decision Number: CA20200024 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: Orange County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date @ 01/01/2021 1 01/08/2021 2 02/05/2021 3 02/12/2021 4 03/05/2021 5 06/25/2021 6 07/23/2021 7 07/30/2021 8 08/06/2021 9 08/20/2021 10 10/01/2021 11 10/08/2021 12 10/15/2021 13 10/22/2021 ASBE0005-002 07/05/2021 Rates Fringes Asbestos Workers/Insulator (Includes the application of LM.....Ph.............A........ .A..L...w.I....4l....In A.111.1A flfl lA/A•] A N)G 7/29/24, 123 PM SAM.gov all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) $ 47.25 24.45 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls) $ 28.92 18.73 ASBE0005-004 07/01/2019 Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) $ 20.63 12.17 * BRCA0004-010 05/01/2020 Rates Fringes BRICKLAYER; MARBLE SETTER $ 41.39 18.95 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino/Riverside County hourly wage rate BRCA0018-004 06/01/2019 Rates Fringes MARBLE FINISHER $ 33.43 14.11 TILE FINISHER $ 28.23 12.65 TILE LAYER $ 40.07 18.36 BRCA0018-010 09/01/2020 Rates Fringes TERRAZZO FINISHER $ 33.66 14.20 TERRAZZO WORKER/SETTER $ 41.60 14.73 * CARP0213-001 07/01/2021 Rates Fringes CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer $ 51.60 16.28 (2) Millwright $ 52.10 16.48 �u__.f.__.v _._..L..-_._ J-L-...__.-_t._._fl .Ann•I.nn•..In nnr 7/29/24,1:23 PM SAM.gov (3) Piledrivermen/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) $ 51.73 16.28 (4) Pneumatic Nailer, Power Stapler $ 51.85 16.28 (5) Sawfiler $ 51.69 16.28 (6) Scaffold Builder $ 42.80 16.28 (7) Table Power Saw Operator $ 51.70 16.28 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. CARP0213-804 07/01/2021 Rates Fringes Drywall DRYWALL INSTALLER/LATHER $ 51.60 16.28 STOCKER/SCRAPPER $ 22.16 8.62 CARP0721-001 07/01/2021 Rates Fringes Modular Furniture Installer $ 21.85 7.15 ELEC0011-002 12/28/2020 COMMUNICATIONS AND SYSTEMS WORK Rates Fringes Communications System Installer $ 41.52 3%+14.33 Technician $ 33.30 3%+27.82 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Does not httnc•ticam nrndwanariatarminatinn/I'A9(191109.1/94 9/9c 7/29/24,1:23 PM SAM.gov cover work performed at China Lake Naval Ordnance Test Station. Fire alarm work shall be performed at the current inside wireman total cost package. ELEC0441-001 08/30/2021 Rates Fringes CABLE SPLICER $ 53.54 22.51 ELECTRICIAN $ 51.19 22.44 * ELEC0441-003 12/28/2020 COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent Transportation Systems or CCTV highway systems) Rates Fringes Communications System Installer $ 39.07 15.38 Technician $ 31.23 15.39 SCOPE OF WORK The work covered shall include the installation, testing, service and maintenance, of the following systems that utilize the transmission and/or transference of voice, sound, vision and digital +or commercial, education, security and entertainment purposes for TV monitoring and surveillance, background foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms and low voltage master clock systems. A. Communication systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems SCADA (Supervisory control/data acquisition PCM (Pulse code modulation) Inventory control systems Digital data systems Broadband & baseband and carriers Point of sale systems VSAT data systems Data communication systems RF and remote control systems Fiber optic data systems B. Sound and Voice Transmission/Transference Systems Background-Foreground Music Intercom and Telephone Interconnect Systems Sound and Musical Entertainment Systems Nurse Call Systems Radio Page Systems School Intercom and Sound Systems Burglar Alarm Systems Low-Voltage Master Clock Systems Multi-Media/Multiplex Systems Telephone Systems RF Systems and Antennas and Wave Guide C. *Fire Alarm Systems-installation, wire pulling and testing. D. Television and Video Systems Television Monitoring and Surveillance Systems Video Security Systems Video Entertainment Systems Video Educational Systems CATV and CCTV E. Security Systems, Perimeter Security Systems, Vibration Sensor Systems Sonar/Infrared Monitoring Equipment, Access Control Systems, httos://sam.aovlwaae-determination/CA2021a024/13 4/75 7/29/24, 1:23 PM SAM.gov Card Access Systems *Fire Alarm Systems 1. Fire Alarms-In Raceways: Wire and cable pulling in raceways performed at the current electrician wage rate and fringe benefits. 2. Fire Alarms-Open Wire Systems: installed by the Technician. ELEC0441-004 08/30/2021 Rates Fringes ELECTRICIAN (TRANSPORTATION SYSTEMS, TRAFFIC SIGNALS & STREET LIGHTING) Cable Splicer/Fiber Optic Splicer $ 51.79 22.45 Electrician $ 51.19 22.44 Technician $ 38.39 22.05 SCOPE OF WORK: Electrical work on public streets, freeways, toll-ways, etc, above or below ground. All work necessary for the installation, renovation, repair or removal of Intelligent Transportation Systems, Video Surveilance Systems (CCTV), Street Lighting and and Traffic Signal work or systems whether underground or on bridges. Includes dusk to dawn lighting installations and ramps for access to or egress from freeways, toll-ways, etc. Intelligent Transportation Systems shall include all systems and components to control, monitor, and communicate with pedestrian or vehicular traffic, included but not limited to: installation, modification, removal of all Fiber optic Video System, Fiber Optic Data Systems, Direct interconnect and Communications Systems, Microwave Data and Video Systems, Infrared and Sonic Detection Systems, Solar Power Systems, Highway Advisory Radio Systems, highway Weight and Motion Systems, etc. Any and all work required to install and maintain any specialized or newly developed systems. All cutting, fitting and bandaging of ducts, raceways, and conduits. The cleaning, rodding and installation of ""fish and pull wires"". The excavation, setting, leveling and grouting of precast manholes, vaults, and pull boxes including ground rods or grounding systems, rock necessary for leveling and drainagae as well as pouring of a concrete envelope if needed. JOURNEYMAN TRANSPORTATION ELECTRICIAN shall perform all tasks necessary toinstall the complete transportation system. JOURNEYMAN TECHNICIAN duties shall consist of: Distribution of material at job site, manual excavation and backfill, installation of system conduits and raceways for electrical, telephone, cable television and comnmunication systems. Pulling, terminating and splicing of traffic signal and street lighting conductors and electrical systems including interconnect, dector loop, fiber optic cable and video/data. ELEC1245-001 06/01/2021 Rates Fringes LINE CONSTRUCTION L.4,..,..I f......,.......A........ .J..�........:....�;....ft.A'%nn A/ll•l A!A 7 G M ti 7/29/24, 1:23 PM SAM.gov (1) Lineman; Cable splicer $ 60.19 21.94 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment) $ 48.08 20.73 (3) Groundman $ 36.76 20.33 (4) Powderman $ 51.87 18.79 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ELEV0018-001 01/01/2021 Rates Fringes ELEVATOR MECHANIC $ 59.32 35.825+a+b FOOTNOTE: a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ENGI0012-003 07/01/2020 Rates Fringes OPERATOR: Power Equipment (All Other Work) GROUP 1 $ 48.25 27.20 GROUP 2 $ 49.03 27.20 GROUP 3 $ 49.32 27.20 GROUP 4 $ 50.81 27.20 GROUP 5 $ 48.96 25.25 GROUP 6 $ 51.03 27.20 GROUP 8 $ 51.14 27.20 GROUP 9 $ 49.29 25.25 GROUP 10 $ 51.26 27.20 GROUP 11 $ 49.41 25.25 GROUP 12 $ 51.43 27.20 GROUP 13 $ 51.53 27.20 GROUP 14 $ 51.56 27.20 GROUP 15 $ 51.64 27.20 GROUP 16 $ 51.76 27.20 GROUP 17 $ 51.93 27.20 GROUP 18 $ 52.03 27.20 GROUP 19 $ 52.14 27.20 GROUP 20 $ 52.26 27.20 GROUP 21 $ 52.43 27.20 GROUP 22 $ 52.53 27.20 GROUP 23 $ 52.64 27.20 GROUP 24 $ 52.76 27.20 GROUP 25 $ 52.93 27.20 OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) L.ta.....11-...........1..........d..�......7....N..../(+A nA•1 (1/•/A/d., C,C 7129124,1:23 PN: SAM.gov GROUP 1 $ 49.60 27.20 GROUP 2 $ 50.38 27.20 GROUP 3 $ 50.67 27.20 GROUP 4 $ 50.81 27.20 GROUP 5 $ 51.03 27.20 GROUP 6 $ 51.14 27.20 GROUP 7 $ 51.26 27.20 GROUP 8 $ 51.43 27.20 GROUP 9 $ 51.60 27.20 GROUP 10 $ 52.60 27.20 GROUP 11 $ 53.60 27.20 GROUP 12 $ 54.60 27.20 GROUP 13 $ 55.60 27.20 OPERATOR: Power Equipment (Tunnel Work) GROUP 1 $ 50.10 27.20 GROUP 2 $ 50.88 27.20 GROUP 3 $ 51.17 27.20 GROUP 4 $ 51.31 27.20 GROUP 5 $ 51.53 27.20 GROUP 6 $ 51.64 27.20 GROUP 7 $ 51.76 27.20 PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes toed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt-rubber plant operator (nurse tank operator); Concrete mixer operator-skip type; Conveyor operator; Fireman; Forklift operator (includes Toed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; 1.H...-.t l.............A........ .,1.....-...1....,I....Il.A flfln4 AA.]A t.1 7 717G 7/29/24, 1:23 PM SAM.gov Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift). GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); L.H.....rl....... .....,1..........A..1..-....:....K..../n A•IA.IA/lnn A IA fl a 1'7i'. 7/29/24,1:23 PM SAM.gov Pumperete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber-tired earth-moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol-blade operator (single engine); Multiple engine tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certif ied. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units) GROUP 13: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) ti+�.....1f..........-..I,.,..„., r1..1....,.Jne.N....I'A nnninn7A 1 AO nInc 7129/24,1:23 PM SAM.gov GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine-up to and including 25 yds. struck) GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system 4.44r.4.•1lnn.........A......n.4n4..rmin n4'n../r A')A')l Ann 4AMC 7/29/24,1:23 PM SAM.gov (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes Toed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 iron•In,)1(WM WI 11/0)A 7/29/24, 1:23 PM SAM.gov tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power-driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading shield (tunnel); Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is 4.1nm 7/29/24, 1:23 PM SAM.gov the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T255, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T245, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T255, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T315, R31E, MDM. Continue S to the SW corner of T325, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T325, R30E, MDM. Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM. Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T15, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T85, R10E, SBM. Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T305, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T315, R18E, MDM. Continue 5 along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R3OW. Follow the west side of R3OW, SBM to the SW corner of T9N, R3OW, SBM. Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T325, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern hffne•/loom nnw6u�ne-ffaforminofinnl(`8Of179 M7A f14 1'319G 7/29/24,9:23 PM SAM.gov County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, TBS, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T245, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T255, R42E, MDM. Continue 5 to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ENGI0012-004 08/01/2020 Rates Fringes OPERATOR: Power Equipment (DREDGING) (1) Leverman $ 56.40 30.00 (2) Dredge dozer $ 50.43 30.00 (3) Deckmate $ 50.32 30.00 (4) Winch operator (stern winch on dredge) $ 49.77 30.00 (5) Fireman-Oiler, Deckhand, Bargeman, Leveehand $ 49.23 30.00 (6) Barge Mate $ 49,84 30.00 IRON0433-006 07/01/2020 Rates Fringes IRONWORKER Fence Erector $ 34.58 24.81 Ornamental, Reinforcing and Structural $ 41.00 33.45 PREMIUM PAY: f.Nr..../lnnw.n....A....n.. .d..1n....i....N....fr.A"Inn onnA,1•1 IAl'IF 7/29/24,1:23 PM SAM.gov $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock LAB00300-005 03/01/2021 Rates Fringes Asbestos Removal Laborer $ 37.49 21.88 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. LAB00345-001 07/01/2021 Rates Fringes LABORER (GUNITE) GROUP 1 $ 46.50 20.42 GROUP 2 $ 45.55 20.42 GROUP 3 $ 42.01 20.42 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0"" above base level and which work must be performed in whole or in part more than 75'-0"" above base level, that work performed above the 75' -0"" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. GUNITE LABORER CLASSIFICATIONS GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen LH.....11-.......-..L....-.. ..i..l..-....t....L.....Ili A.1/nA AAA A/A I AC WIC 7129/24, 1:23 PM SAM.gov GROUP 3: Reboundmen LAB00652-001 07/01/2020 Rates Fringes LABORER (TUNNEL) GROUP 1 $ 42.54 21.04 GROUP 2 $ 42.86 21.04 GROUP 3 $ 43.32 21.04 GROUP 4 $ 44.01 21.04 LABORER GROUP 1 $ 36.39 21.04 GROUP 2 $ 36.94 21.04 GROUP 3 $ 37.49 21.04 GROUP 4 $ 39.04 21.04 GROUP 5 $ 39.39 21.04 LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, i.++nn•flc•nn,nnvAunnn.rinfnrminnllnn!(`AO(1O1 rV1OAf1.2 1RP) 7/29/24, 1:23 PM SAM.gov pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials (""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot-Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Changehouse person; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.) GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Vibrator person, jack hammer, pneumatic tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, h 4..n.lh............h...,.... d..1...w.i....N....Of,AO/)OAfVV)AN) 1717C 7/29/24,1:23 PM SAM,gov wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work LAB00652-003 07/01/2021 Rates Fringes Brick Tender $ 35.82 20.45 LAB01184-001 07/01/2021 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer $ 38.89 17.10 (2) Vehicle Operator/Hauler $ 39.06 17.10 (3) Horizontal Directional Drill Operator $ 40.91 17.10 (4) Electronic Tracking Locator $ 42.91 17.10 Laborers: (STRIPING/SLURRY SEAL) GROUP 1 $ 40.10 20.12 GROUP 2 $ 41.40 20.12 GROUP 3 $ 43.41 20.12 GROUP 4 $ 45.15 20.12 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment 1..,......If.....«......A........ .1..$.....,..i.....i....U".A nnnA nnn q U n 9 A Y)G 7/29/24, 1:23 PM SAM.gov LAB01414-001 08/05/2020 Rates Fringes LABORER PLASTER CLEAN-UP LABORER $ 36.03 21.01 PLASTER TENDER $ 38.58 21.01 Work on a swing stage scaffold: $1.00 per hour additional. PAIN0036-001 07/01/2020 Rates Fringes Painters: (Including Lead Abatement) (1) Repaint (excludes San Diego County) $ 29.59 17.12 (2) All Other Work $ 33.12 17.24 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities. PAIN0036-008 10/01/2021 Rates Fringes DRYWALL FINISHER/TAPER $ 43.63 22.92 PAIN0036-015 01/01/2020 Rates Fringes GLAZIER $ 43.45 23.39 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up PAIN1247-002 01/01/2021 Rates Fringes SOFT FLOOR LAYER $ 38.75 14.03 PLAS0200-009 08/04/2021 Rates Fringes PLASTERER $ 45.77 18.39 PLAS0500-002 07/01/2020 Rates Fringes CEMENT MASON/CONCRETE FINISHER $ 38.50 25.91 PLUM0016-001 09/01/2021 tiN.....lI..............ti...,.,., a.,C,.w.i„n4{.,ntrA') )1At Arl., ao1�� 7129/24,1:23 PM SAM.gov Rates Fringes PLUMBER/PIPEFITTER Work ONLY on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space $ 52.20 24.38 Work ONLY on strip malls, light commercial, tenant improvement and remodel work $ 39.91 22.71 All other work except work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space and work on strip malls, light commercial, tenant improvement and remodel work $ 53.83 25.36 PLUM0345-001 09/01/2021 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ 36.85 24.75 Sewer & Storm Drain Work $ 40.94 22.13 ROOF0036-002 08/01/2021 Rates Fringes ROOFER $ 42.07 18.92 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour ""pitch premium"" pay. SFCA0669-008 01/01/2021 DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER $ 39.83 26.23 SFCA0709-003 01/01/2021 SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS ANGELES: Rates Fringes I..u...,.11........ ......A........ ...a.......:....a:..�In nnn.nnn I�.f ,IAP1G 7129/24, 1:23 PM SAM.gov SPRINKLER FITTER (Fire) $ 48.71 29.15 SHEE0105-003 07/01/2021 LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes SHEET METAL WORKER (1) Commercial - New Construction and Remodel work $ 50.23 29.60 (2) Industrial work including air pollution control systems, noise abatement, hand rails, guard rails, excluding aritechtural sheet metal work, excluding A-C, heating, ventilating systems for human comfort $ 48.28 29.46 TEAM0011-002 07/01/2020 Rates Fringes TRUCK DRIVER GROUP 1 $ 32.59 30.59 GROUP 2 $ 32.74 30.59 GROUP 3 $ 32.87 30.59 GROUP 4 $ 33.06 30.59 GROUP 5 $ 33.09 30.59 GROUP 6 $ 33.12 30.59 GROUP 7 $ 33.37 30.59 GROUP 8 $ 33.62 30.59 GROUP 9 $ 33.82 30.59 GROUP 10 $ 34.12 30.59 GROUP 11 $ 34.62 30.59 GROUP 12 $ 35.05 30.59 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than Plg 7129/24, 1:23 PM SAM.gov 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ti«,.....n,ew,...,..ti.,.,..., A']/ flt1']Ah19 �oor 7/29/24, 1:23 PM SAM.gov The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of YNIr...•Ilnnm n�..h..nnn nniP A'IA') AAnA 149 01Mc. 7129124,1:23 PM SAM.gov each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. L.LL..w.N.............1..,...... .1..L..�....L...Lt...IF'ennn�nnn•/A n n.L rnr EXHIBIT L NONCOLLUSION DECLARATION NONCOLLUSION DECLARATION FORM TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID !PUBLIC CONTRACT CODE SECTION 71061 The undersigned declares: I am the President of MDJ Management, LLC, the party making the foregoing Bid. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any Person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 8/22/24 [date], at EL Segundo [city], CA [state]. North Seal Beach Community Center Rehab Project Name: MDJ Management, LLC Legal Business Name of Bidder Matthew McMillon Business Address 531 Main St. #611 El Segundo , CA 90245 Business Tel. No. 310-490-1521 Signature: lja 1 1?L ` 2"1 . Signature: Printed Name: Matthew McMillon Printed Name: Date: 8/22/24 Date: This form must be notarized. 23 EXHIBIT M DESIGNATION OF SUBCONTRACTORS DESIGNATION OF SUBCONTRACTORS [Public Contract Code Section 4104] List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half percent (0.5%) of the Contractor's total Bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half percent (0.5%) of the Contractor's total Bid or $10,000, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors. Name under which CSLB License DIR Contractor Type of Work Percentage of Total Subcontractor is Number(s) and Registration Address and Phone Number e. Electrical) Bid (e. 10% Licensed Class(es) Number ( g , ( g and Registered Tri-City Glass 734899 1000015588 22232 S.310-830-2410on Blvd.Carson,CA 90745 Door/ Glass 5% * The percentage of the total Bid shall represent the "portion of the work"for the purposes of Public Contract Code Section 4104(b). 16 EXHIBIT N SPECIAL PROVISIONS 1. This Exhibit includes: Part I, Special Provisions, attached hereto, and 2. 2018 edition of the Standard Specifications for Public Works Construction ("Green Book"), as adopted by the Joint Cooperative Committee of Southern California Chapter, American Public Works Association and Southern California District, Associated General Contractors of California; hereinafter referred to as the "Standard Specifications", Orange County Public Works Standards, or applicable codes, as amended by the Special Provisions SPECIAL PROVISIONS NORTH SEAL BEACH COMMUNITY CENTER (CIP BG2501) INDEX SPECIAL PROVISIONS i PART 1 4 SECTION 1-GENERAL 4 1-1 GENERAL 4 1-1.1 General Information 4 1-2 TERMS AND DEFINITIONS 4 1-6 BIDDING AND SUBMISSION OF THE BID 6 1-6.1 General 6 1-7 AWARD AND EXECUTION OF THE CONTRACT 6 1-7.1 General 6 1-7.2 Contract Bonds 6 SECTION 2-SCOPE OF THE WORK 7 2-1 WORK TO BE DONE 7 2-2 PERMITS 8 2-5 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 8 2-5.1 Temporary Utility Services 8 2-6 CHANGES REQUESTED BY THE CONTRACTOR 9 2-7 CHANGES INITIATED BY THE AGENCY 9 2-10 DISPUTED WORK 10 SECTION 3-CONTROL OF THE WORK 10 3.7 CONTRACT DOCUMENTS 11 3.8 SUBMITTALS 11 3.8-1 General 11 3.8-4 Supporting Information 11 3-9 SUBSURFACE DATA 11 3-11 CONTRACT INFORMATION SIGNS 12 3-12 WORK SITE MAINTENANCE 13 3-12.1 General 13 3-12.4 Storage of Equipment and Materials 13 3-12.5 Sanitary Sewers 14 3-12.6 Water Pollution Control 14 3-13 COMPLETION, ACCEPTANCE,AND WARRANTY 15 3-13.1 Completion 15 [I] 3-13.2 Acceptance 15 3-13.3 Warranty 16 SECTION 4-CONTROL OF MATERIALS 16 4-3 INSPECTION 17 4-6 TRADE NAMES 17 SECTION 5- LEGAL RELATIONS AND RESPONSIBILITIES 17 5-1 LAWS AND REGULATIONS 17 5-2 SPECIAL NOTICES 17 5-3 LABOR 18 5-3.1 General 18 5-3.2 Prevailing Wages 18 5-3.3 Payroll Records 18 5-4 INSURANCE 20 5-5 ANTITRUST CLAIMS 20 5-7 SAFETY 20 5-7.1 Work Site Safety 20 5-7.7 Security and Protective Devices 21 5-7.8 Steel Plate Covers 21 SECTION 6- PROSECUTION AND PROGRESS OF THE WORK 21 6-1 CONSTRUCTION SCHEDULE aND COMMENCEMENT OF THE WORK 21 6-1.1 Construction Schedule 21 6-1.2 Commencement of the Work 23 6-3 TIME OF COMPLETION 23 6-3.1 General 23 6-3.2 Contract Time Accounting 24 6-4 DELAYS AND EXTENSIONS OF TIME 25 6-4.1 General 25 6-4.2 Extensions of Time 25 6-4.3 Payment for Delays 25 6-9 LIQUIDATED DAMAGES 26 SECTION 7-MEASUREMENT AND PAYMENT 26 7-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 26 7-1.1 General 26 7-2 LUMP SUM WORK 26 7-3 PAYMENT 26 7-3.1 General 26 7-3.2 Partial and Final Payment 27 7-4 PAYMENT FOR EXTRA WORK 30 [ii] 7-4.3 Markup 30 SECTION 8-FACILITIES FOR AGENCY PERSONNEL 31 8-1.1 GENERAL 31 SECTION 9-ADDITIONAL TERMS 31 9-7 CLAIM DISPUTE RESOLUTION 32 PART 2 34 9-5 ASPHALT CONCRETE. 35 9-5.1 General. 35 SECTION 214-TRAFFIC STRIPING,CURB AND PAVEMENT MARKINGS,AND PAVEMENT MARKERS 35 214-4 PAINT FOR STRIPING AND MARKINGS 35 214-4.1 General 35 PART 3 35 SECTION 314-TRAFFIC STRIPING,CURB AND PAVEMENT MARKINGS,AND PAVEMENT MARKERS 36 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 36 314-2.1 General 36 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 36 314-4.1 General 37 314-4.2 Control of Alignment and Layout 37 PART 6 37 SECTION 600-ACCESS 37 SECTION 601-TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND MAINTENANCE WORK ZONES 37 601-1 GENERAL 37 601-2 TEMPORARY TRAFFIC CONTROL PLAN (TCP) 37 [iii] PART 1 SPECIAL PROVISIONS SECTION 0. INTRODUCTION AND GENERAL PROVISIONS DEFINED 0-1 STANDARD SPECIFICATIONS All the Work specified in these Contract Documents shall be done in accordance with these Special Provisions, provisions of the 2018 edition of the Standard Specifications for Public Works Construction ("Green Book"), adopted by the Joint Cooperative Committee of Southern California Chapter, American Public Works Association and Southern California District, Associated General Contractors of California; hereinafter referred to as the "Standard Specifications", Orange County Public Works Standards, or applicable codes. Signs, pavement markings, legends, markers, and temporary traffic control devices (temporary or permanent) shall be done in accordance with the latest edition of the California Manual on Uniform Traffic Control Devices; hereinafter referred to as the "CA MUTCD". The Standard Specifications, as amended by the Contract Documents, and the CA MUTCD are incorporated in the Contract Documents by this reference. 0-2 NUMBERING OF SECTIONS The number of sections and subsections in these Special Provisions are compatible with the numbering in the Standard Specifications. 0-3 SUPPLEMENTATION OF STANDARD SPECIFICATIONS The Sections that follow supplement, but do not replace, the corresponding provisions in Part 1 of the Standard Specifications, except as otherwise indicated herein. If there is a conflict between the "Standard Specifications" and these additions, these additions shall have precedence. The numbering of sections of these additions refers to the corresponding numbering of sections of the "Standard Specifications". SECTION 1 - GENERAL 1-1 GENERAL 1-1.1 General Information The City Clerk of the City of Seal Beach, California will receive sealed Bids at their office at the City Hall, 211 8th Street, said City, until the date and time set forth in the Notice Inviting Bids. 1-2 TERMS AND DEFINITIONS Whenever in the Standard Specifications the following terms are used, they shall be understood to mean the following: Agency City of Seal Beach Address 211 8th Street Seal Beach, CA 90740 Board The City Council of the City of Seal Beach SP-4 Contract The "Contract Documents" consist of the all of the following: Notice Inviting Bids, Documents Instructions to Bidders, Accepted Bid Proposal Form and Bid Sheets, Notification of Award, Noncollusion Declaration, Designation of Subcontractors, Contractor's Industrial Safety Record, Contractor's Technical Ability and Experience References, Resumes, Bidder Questionnaire, Bid Bond, Faithful Performance Bond, Payment Bond (Labor and Materials), permits from regulatory agencies with jurisdiction, Special Provisions, Specifications, General Provisions, Plans, Standard Plans and Reference Documents, and any other documents referenced therein, all Addenda as prepared prior to the date of Bid opening setting forth any modifications or interpretations of any of said documents, Change Orders, and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner; and all Exhibits attached to the Contract. Day(s) Unless otherwise noted, "Day" or"Days" shall be working days. As used herein, "working day" means any day other than Saturday, Sunday and any day designated as a holiday by the City of Seal Beach. Engineer The City Engineer, acting either directly or through properly authorized agents. Such agents shall act within the scope of the particular duties entrusted to them. An authorized representative of the City, assigned by said City to make inspections of work performed by or material supplied by the Contractor. Inspector Laboratory The designated laboratory authorized by the City of Seal Beach to test materials and work involved in the Contract. Notice of The notice authorized by Civil Code Section 9204 Completion Project See"Work". Submittal Any drawing, calculation, specification, product data, samples, manuals, requests for substitutes, spare parts, photographs, survey data, traffic control plans, record drawings, Bonds or similar items required to be submitted to the City under the terms of the Contract. Other terms appearing in the Standard Specifications and these Special Provisions shall have the intent and meaning specified in Section 1-2 Terms and Definitions of the Standard Specifications for Public Works Construction, 2018 edition. 1-3.3 Institutions The institutions listed in Section 1-3.3 of Part 1 of the Standard Specifications shall be supplemented by the list below: Abbreviation Word or Words AAN American Association of Nurserymen AGCA Associated General Contractors of America APWA American Public Works Association CRSI Concrete Reinforcing Steel Institute CSI Construction Specifications Institute SP-5 NEC National Electric Code NFPA National Fire Protection Association SSS State of California Standard Specifications, Latest edition, Department of Transportation SSP State of California Standard Plans, Latest edition, Department of Transportation 1-6 BIDDING AND SUBMISSION OF THE BID 1-6.1 General 1-6.1.1 Examination of Plans, Specifications, Special Provisions and Site of Work The Bidder is required to examine carefully the Project site and the Project Contract Documents. It will be assumed that the bidder has thoroughly investigated the Work and is satisfied as to the conditions to be encountered and to the character, quality and quantities of work to be performed and materials to be furnished. It is further assumed that the Bidder is familiar with the requirements of the Contract Documents. The submission of a Bid shall be considered conclusive evidence that the Bidder has made such examination. No information derived from inspection of records or investigation or compilations of same made by the City will in any way relieve the Contractor from his/her obligations under the Contract Documents nor entitle the Contractor to any additional compensation. No claim for additional compensation shall be made by the Contractor for extra work created by conflicts, errors, or discrepancies in the Contract Documents that the Contractor should have discovered prior to submitting his/her Bid. The Contractor will not and agrees not to make any claim against the City based upon ignorance or misunderstanding of any condition of the Work site or of the requirements set forth in the Contract Documents. 1-7 AWARD AND EXECUTION OF THE CONTRACT 1-7.1 General 1-7.1.1 Award of the Contract The award of the Contract, if it be awarded, will be to the lowest responsible Bidder whose Bid complies with all the requirements described. The award, if made, will be made within sixty (60) calendar days after the opening of the Bids. All Bids will be compared on the basis of the estimate of quantities of work to be done. 1-7.1.2 Execution of the Contract The Contract shall be signed by the successful Bidder and returned, together with the required bonds, certificates, licenses, and all other applicable documentation within fifteen (15) working days after the date of the mailing of written notice of Contract award to the Bidder. Upon refusal or failure of the successful Bidder to execute the Contract, the City may award the Contract to the next lowest responsible Bidder and the Bid security shall be forfeited. 1-7.2 Contract Bonds The successful Contractor shall furnish two (2) bonds as set forth below: S P-6 1. A surety bond in an amount equal to one hundred percent (100%) of the Contract price as security for the faithful performance of this Contract. 2. A separate bond in an amount equal to one hundred percent (100%) of the Contract price as security for the payment of all persons performing labor and furnishing materials in connection with this Contract. The aforesaid bonds shall be in a form satisfactory to the City and issued by a carrier licensed in the State of California with a rating of B+ or better as stated from time to time by Standard and Poors, Moodys, or Bests. Whenever any surety (or sureties) on any such bonds, or on any bonds required by law for the protection of the claims of laborers and materialmen becomes insufficient, or the Engineer has cause to believe that such surety (or sureties) has or may become insufficient, a demand in writing may be made of the Contractor for such further bond (or bonds) or additional surety, not exceeding the Contract amount as is considered necessary, taking into account the extent of the Work remaining to be done. No payment shall be made upon such Contract to the Contractor (or any assignee of the Contractor) until such further bond, bonds, or additional surety has been furnished. The Performance Bond shall remain in force until the date of recordation of the Notice of Completion and the end of all warranty periods set forth in the Contract Documents. The Payment Bond (Labor and Materials) shall remain in force until expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and until the expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2. All Bonds must be submitted using the required forms, which are in the Contract Documents, or on any other form approved by the City Attorney. SECTION 2 - SCOPE OF THE WORK 2-1 WORK TO BE DONE The Work described herein shall be done in accordance with the provisions of the "Standard Specifications for Public Works Construction," 2018 edition, with all amendments thereto ("Standard Specifications"), insofar as the same may apply, and in accordance with these Special Provisions. A copy of the "Standard Specifications for Public Works Construction"is on file in the Office of the Engineer. The Work necessary for the completion of this Contract consists of, but is not limited to, a comprehensive remodel of the North Seal Beach Community Center (NSBCC), addressing issues of accessibility, functionality, and sustainability. The grant funds will be used to upgrade interior and exterior lighting to energy-efficient fixtures; reconfigure the kitchen to consolidate appliances for energy efficiency and create a better working space for senior meal programs; enhance operable exterior doors to encourage outdoor usage and extend usable space and capacity; upgrade doors from single pane to dual pane glass for increased efficiency and resiliency; rehabilitate restrooms to include low-flow, water efficient fixtures; and implement Americans with Disabilities Act ("ADA") compliant upgrades to increase and improve equitable access for all. ADA improvements include removing the wall around the drinking fountain for wheelchair accessibility, replacing sliding doors with swinging doors to remove trip hazards, and eliminating trip hazards in the entry using enhanced flooring materials. SP-7 The quantity of work to be performed and materials to be furnished are approximate only, being given as a basis for the comparison of Bids. Actual quantities of work to be performed will vary at the discretion of the Engineer. 2-2 PERMITS Prior to the start of any Work, the Contractor shall obtain all applicable City permits and make arrangements for City inspections. City-issued permits will be at no charge to the Contractor, and shall obtain all other permits required from all other agencies. The Contractor and all subcontractors shall each be licensed in accordance with State Business and Professions Code. The Contractor shall obtain all necessary permits for the discharge or disposal of any ground or surface waters in accordance with the California Regional Water Quality Control Board Regulations. If this Contract requires construction of trenches or excavations which are five (5) feet or deeper and into which a person is required to descend, the Contractor shall obtain a Cal/OSHA permit, and furnish the City with a copy before Work commencement. Pursuant to Labor Code Section 6707, if this Project involves construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet or deeper, each bid submitted in response hereto shall contain, as a bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which shall conform to applicable safety orders. The Contractor shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity, including the Caltrans Encroachment Permit for Work within Caltrans right-of-way. The Contractor shall pay all costs incurred by the permit and license requirements, unless specified in this section. Any delays with acquiring the necessary permits will be at the Contractor's sole expense. Contract time extension will not be granted. 2-4 COOPERATION AND COLLATERAL WORK The Contractor is required to cooperate with City staff, City-retained contractors, and utility companies and shall be responsible for coordinating all Work with said entities' operations at no additional cost to the City, which includes, but not limited to City's street sweeping, trash pick-up, and street maintenance contractors, emergency services departments, utility companies' crews, special events, and others when necessary. Payment for conforming to these requirements shall be included in other items of Work, and no additional payment shall be made thereof. 2-5 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 2-5.1 Temporary Utility Services The City will supply water reasonably used and required during construction and testing without charge to the Contractor at fire hydrants near the Work and shall be drawn only from hydrants fitted with "Eddy" valves and meters at locations designated by the Engineer. The City reserves the right to limit the location, times, and drawing rates such water. Full compensation for developing water supply, furnishing water equipment and applying City-furnished water will be considered as included in the price paid for the Contract item of Work involving the use of water. No separate payment will be made therefore. The Contractor shall arrange for a meter and tender a $1,500.00 meter deposit with the City, and any applicable fees pursuant to the latest City-adopted Cost Recovery Schedule. Additionally, a $130.00 hookup charge and a $100.00 application fee will be required. Upon return of the meter to the City, the deposit will be returned to the Contractor, less any repair charges for damage to the meter. SP-8 2-5.4 Haul Routes Subsection 2-5.4 of Part 1 of the Standard Specifications shall be deleted and replaced as follows: The Contractor must obtain the Engineer's written approval before using any haul routes. Further detail requirements for haul traffic are delineated in the Special Provisions. 2-6 CHANGES REQUESTED BY THE CONTRACTOR Changes requested by the Contractor shall be governed by the Standard Specifications except that the mark-up of any such Work and resolution of disputes concerning the scope and payment of such Work shall be governed by Section 2-7 below. 2-7 CHANGES INITIATED BY THE AGENCY The City reserves the right, without notice to the Surety, to increase or decrease the quantity of any item or portion of the Work described in the Contract Documents or to after or omit portions of the Work so described, as may be deemed necessary or expedient by the Engineer, without in any way making the Contract void. Such increases, alterations, or decreases of Work shall be considered and treated as though originally contracted for, and shall be subject to all the terms, conditions, and provisions of the original Contract. The Contractor shall not claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease, alteration, or omission of any kind of Work to be done. The City may change the Plans, Specifications, character of Work, or quantity of Work, both additive and deductive, regardless of the percentage of Contract Price. The City may order minor changes or alterations in the Work not involving extra cost or an extension of time, and not inconsistent with the overall intent of the Contract Documents. Such changes may be ordered by a field order. Before proceeding with the change of Work described in a field order, the Engineer will submit a field order to the Contractor for approval and signature. By signing the field order, the Contractor agrees that he or she shall not be entitled to any additional compensation or extension of time for the Work identified in the field order. Changes not covered by a field order will be authorized by a change order. A change order is a written order, issued by the City to the Contractor, signed by the Engineer, authorizing an addition, deletion or revision in the Work, or an adjustment in the value of one or more of the respective Bid items, or the Contract time. Upon the receipt of a change order, the Contractor shall immediately proceed with the Work described therein. All such Work shall be performed in accordance with the applicable requirements of the Contract Documents. Except as agreed upon by the parties or as provided herein, Section 7-3 or 7-4 of the Standard Specifications shall govern the payment of costs for Work performed pursuant to change orders. Except as otherwise provided, the Contractor shall be entitled to a mark-up per Section 7-4.3 Markup of the Standard Specifications and these Standard Provisions. If the Contractor and City are unable to agree upon any adjustments in the Contract price and/or time pursuant to a change order, the City and the Contractor shall try to resolve any difference respecting same. The Contractor shall proceed with the Work called for by the change order notwithstanding any dispute as to the price and/or time adjustments. S P-9 Within fifteen (15) Days after the issuance of a change order in which either the price or time or both have not been mutually agreed upon in writing, the Contractor shall submit a written proposal to the Engineer that shall include all reasonable cost data and time extension justification to enable the Engineer to adequately analyze the proposal. If the Contractor cannot reasonably meet this deadline, the Engineer, in his/her sole discretion, may extend the time to resubmit the proposal. The failure of the Contractor to comply in the time constraints imposed herein shall preclude the Contractor from recovering any additional changes in price or time unless the Engineer, within his/her sole discretion, excuses the Contractor's delay and permits the proposal to be processed and considered by the City. The Engineer shall issue its finding on any price or time adjustment request within thirty (30) Days from receipt of the written proposal except as provided in this subsection. The Contractor waives any claim for damages or additional time arising from changes or revisions to the Contract Documents. 2-8 EXTRA WORK New and unforeseen work will be classified as Extra Work only when the Work is not covered and cannot be paid for under any of the various items or combination of items for which a Bid price appears on the Bid. The Contractor shall not do any Extra Work except upon written order from the Engineer. 2-10 DISPUTED WORK Any and all disputes or claims arising out of changes in Work for the Project or relating to the Contract Documents that are not disposed of by agreement or are not governed by Section 7-6 of these Special Provisions shall be decided by the Engineer in writing as set forth above. The decision of the Engineer shall be final and conclusive on the Contractor unless, within fifteen (15) Days from the receipt of such decision, the Contractor submits to the City a written claim for review of the decision made by the Engineer. The City shall review all decisions within a reasonable time. The Contractor and Engineer shall be afforded an opportunity to be heard and to offer evidence with respect to each claim. The City shall render its decision promptly and the decision shall be final and conclusive. Except for the filing of a claim as provided for herein or otherwise governed by Section 7 —Measurement and Payment of these Special Provisions, the Contractor understands and agrees that no other procedures for submission of a claim or request for either increasing its Contract price or time shall apply. Time is of the essence and failure of the Contractor to satisfy any deadline for filing as provided for herein shall preclude the Contractor from later recovering on a claim or request from the City in any legal proceeding. SECTION 3 - CONTROL OF THE WORK 3-1 ASSIGNMENT Any purported assignment without written consent of the City shall be null, void, and of no effect, and the Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment. If the City opts to consent to assignment, the City's consent shall be contingent upon: (1) a letter from the Surety agreeing to the assignment and assigning all of the Bonds to the assignee without any reduction, or the assignee supplying all new Bonds in the amounts originally required under the Contract Documents; and (2) the assignee supplying all of the required insurance in the amounts required in the Contract Documents. Until the Surety assigns all of the Bonds or the assignee supplies all of the new Bonds, and until the assignee supplies all of the required insurance, an assignment otherwise consented to in writing by the City shall not be effective. Even if the City consents to assignment, no assignment shall relieve the Contractor of liability under the Contract. SP-10 3-2 SELF-PERFORMANCE The Contractor shall perform,with its own organization, Contract Work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed will be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items"will be identified by the Engineer in the Bid and/or special provisions. 3-5 INSPECTION The Contractor shall arrange and pay for all off-site inspection of the Work required by any ordinance or governing authorities. The Contractor shall also arrange and pay for other inspections, including tests in connection therewith, as may be assigned or required. 3.7 CONTRACT DOCUMENTS In case of conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall take precedence over, and be used in lieu of, such conflicting portions. The Special Provisions shall take precedence over both the Project Plans and Standard Specifications. The precedence of Contract Documents are as follows: 1. Permits issued by regulatory agencies with jurisdiction. 2. Change Orders and Supplemental Contracts, whichever occurs last. 3. Contract. 4. CDBG Grant Agreement 5. Special Provisions. 6. Bid/Proposal. 7. General Provisions. 8. Standard Plans. 9. Standard Specifications and Reference Specifications. 3.8 SUBMITTALS 3.8-1 General Unless otherwise noted, submittals shall be submitted to the Engineer for review a minimum of twenty (20) Days prior to material procurement. Unless otherwise noted, three (3) hard copies, and one (1) electronic copy shall be provided for each submittal item. 3.8-4 Supporting Information Add to this section: n) Schedule of Values 3-9 SUBSURFACE DATA If the City or its consultants have made investigations of subsurface conditions in areas where the Work is to be performed, such investigations shall be deemed made only for the purpose of study and design. If a geotechnical or other report has been prepared for the Project, the Contractor may inspect the records pertaining to such investigations subject to and upon the conditions hereinafter set forth. The inspection of the records shall be made in the Department of Public Works at the Seal Beach City Hall, 211 8th Street, Seal Beach, California, 90740. It is the Contractor's sole responsibility to determine whether such investigations exist and the City makes no affirmative or negative representation concerning the existence of such investigations. SP-11 The records of any such investigations are made available solely for the convenience of the Contractor. It is expressly understood and agreed that the City, the Engineer, their agents, consultants or employees assume no responsibility whatsoever with respect to the sufficiency or accuracy of any investigations, the records thereof, and the interpretations set forth therein. No warranty or guarantee is expressed or implied that the conditions indicated by any such investigations or records are representative of those existing in the Project area. The Contractor agrees to make such independent investigations and examination as necessary to be satisfied of the conditions to be encountered in the performance of the Work. The Contractor represents that he/she/it has studied the Contract Documents, and all surveys and investigation reports of sub-surface and latent physical conditions, has made such additional surveys and investigations as necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents, and that he/she/it has correlated the results of all such data with the requirements of the Contract Documents. No claim of any kind shall be made or allowed for any error, omission or claimed error or omission in whole or in part, of any geotechnical exploration or any other report or data furnished or not furnished by the City. 3-10 SURVEYING. 3-10.1 General. The Contractor shall be responsible for directly obtaining the services of a California Licensed Land Surveyor to be in responsible charge of all survey Work performed under this Contract. The Contractor shall be responsible for the scheduling of all survey requests. The Contractor's Surveyor shall provide construction staking for the Contract. A copy of the cut sheets shall be provided to the City for verification. Also a copy of all updated control set by the Contractor's Surveyor; showing coordinates, elevation, and description shall be submitted for City review. The Contractor shall verify all dimensions on the drawings and shall report to the City any discrepancies before proceeding with related Work. The Contractor shall perform all survey and layout Work per the benchmark information on the Project Plans. All surveying Work must conform to the Professional Land Surveyors' Act (Business and Professions Code Section 8700 et seq.). All Project surveying notes and "cut-sheets" are to be provided to the City after the completion of each surveying activity and all final surveying notes shall be provided before final payment to the Contractor. The Contractor's Surveyor shall research existing County and City records for centerline survey monuments within the Project area. Prior to construction, all monuments shall be tied-out and a Corner Record shall be recorded with the County Surveyor per Section 8771 of the Business and Professions Code of the State of California. After completion of construction, any monument disturbed or lost during construction shall be reset, in conformance with Section 8771. Each centerline intersection shall be drawn on a single Corner Record. A copy of all Corner Records shall be submitted to the City prior to a Notice of Completion being filed. Construction stakes shall be set and stationed by Contractor at its expense. Unless otherwise indicated in the Special Provisions, surveying costs shall be included in the price of items bid. No separate payment will be made. Re-staking and replacement of construction survey markers damaged as a result of the Work, vandalism, or accident shall be at the Contractor's expense. 3-11 CONTRACT INFORMATION SIGNS The names, addresses and specialties of the Contractor, Subcontractors, architects or engineers may not be displayed on any signage within any public right-of-way or on any City property outside the public right-of-way. This signage prohibition includes advertising banners hung from truck beds or other equipment. SP-12 3-12 WORK SITE MAINTENANCE 3-12.1 General Clean-up shall be done as Work progresses at the end of each Day and thoroughly before weekends. The Contractor shall not allow the Work site to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction operation. Materials which need to be disposed shall not be stored at the Project site, but shall be removed by the end of each Day. If the job site is not cleaned to the satisfaction of the Engineer, the cleaning will be done or contracted by the City and shall be back-charged plus mark-up to the Contractor and deducted from the Contract Price. The Contractor shall promptly remove from the vicinity of the completed Work, all rubbish, debris, unused materials, concrete forms, construction equipment, and temporary structures and facilities used during construction. Final acceptance of the Work by the City will be withheld until the Contractor has satisfactorily complied with the foregoing requirements for final clean-up of the Project site. 3-12.3 Noise Control. Unless otherwise noted, noise generated from the Contractor's operations shall comply with the City of Seal Beach Municipal Code Section 7.25 Noise. 3-12.4 Storage of Equipment and Materials 3-12.4.1 General The Contractor shall make arrangements for storing its equipment and materials. The Contractor shall make its own arrangements for any necessary off-site storage or shop areas necessary for the proper execution of the Work. Approved areas within Work site may be used for temporary storage; however, the Contractor shall be responsible for obtaining any necessary permits from the City. In any case, the Contractor's equipment and personal vehicles of the Contractor's employees shall not be parked on the traveled way or on any section where traffic is restricted at any time. The Contractor shall deliver, handle, and store materials in accordance with the manufacturer's written recommendations and by methods and means that will prevent damage, deterioration, and loss including theft. Delivery schedules shall be controlled to minimize long-term storage of products at the Project site and overcrowding of construction spaces. In particular, the Contractor shall provide delivery and installation coordination to ensure minimum holding or storage times for materials recognized to be flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other sources of loss. Storage shall be arranged to provide access for inspection. The Contractor shall periodically inspect to assure materials are undamaged and are maintained under required conditions. All costs associated with the clean-up and storage required to complete the Project shall be the sole responsibility of the Contractor. 3-12.4.2 Storage in Public Streets Construction materials and equipment shall not be stored in streets, roads, sidewalk areas, or City property unless approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor will not be allowed to start Work until the Inspector has reviewed and approved the storage and staging areas, which shall be fenced with green screen and secured on all sides. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move-in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre-construction condition, or SP-13 better. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 3-12.5 Sanitary Sewers 3-12.5.1 General Throughout the progress of the Work, the Contractor shall be responsible for providing temporary sewer bypasses, providing temporary facilities, and providing all necessary coordination in order to maintain the continuous collection and transport of sewage. The Contractor shall submit a Work plan in accordance with the Contract Documents which provides details of the Work necessary to satisfy the above condition. 3-12.6 Water Pollution Control 3-12.6.1 General The Contractor shall comply with all applicable provisions of the Orange County Stormwater Run-off Manual throughout the course of construction. 3-12.6.2 Best Management Practices Unless directed otherwise by the Engineer, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once weekly to keep the construction area acceptably clean wherever construction, including restoration, is incomplete. If City street sweeping is suspended for the Project, the Contractor shall be responsible for maintaining street cleanliness to the satisfaction of the Engineer, until City services are reinstated. Refer to BMP SE-7, Street Sweeping and Vacuuming in the BMP Handbook. Contractor shall NOT wash out vehicles, trucks, equipments, materials, and/or any appurtenances on streets and/or natural ground surface. Contractor shall provide separate washout facilities. 3-12.6.3 Storm Water Pollution Prevention Plan (SWPPP) If required by a jurisdictional regulatory agency, the Contractor agrees to provide for City review and approval and implement an approved Storm Water Pollution Prevention Plan (SWPPP) to prevent the run-off of construction materials into the City's storm water system. These run-off control measures are defined by the currently applicable National Pollutant Discharge Elimination System (NPDES) Permit R8-2010-0062, as may be amended or superseded. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) FOR STORM WATER DISCHARGES ASSOCIATED WITH CONSTRUCTION AND LAND DISTURBANCE ACTIVITIES WATER QUALITY ORDER NO. 2009-0009-DWQ, AS MAY BE AMENDED OR SUPERSEDED On September 2, 2009, the State Water Resources Control Board adopted Order No. 2009-0009- DWQ (Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities and Land Disturbance Activities). Effective July 1, 2010, all discharges (construction sites where calculated soil disturbance totals 1 acre or more) are required to obtain coverage and comply with this Construction General Permit (CGP). Any amended, modified or successor orders are hereby incorporated herein by this reference. A copy of this permit and related documents/attachments may be found on the internet at: http://www.swrcb.ca.gov/water issues/programs/stormwater/constoermits.shtml SP-14 The CONTRACTOR is hereby directed to read and understand all the requirements of this Permit as they relate to this Project. 3-13 COMPLETION, ACCEPTANCE, AND WARRANTY 3-13.1 Completion The Contractor shall complete all Work under the Contract within 40 consecutive workina days (from the issuance of a Notice to Proceed). A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as-built drawings of all Work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as-built plans. For the purposes of the calculation of liquidated damages, the Work herein contracted for shall be deemed to be completed within the meaning of this Contract when same has been actually completed in accordance with the plans and specifications therefore and to the satisfaction of the Engineer. The Project must be certified by the Engineer in accordance with Section 3-13 of the Standard Specifications and these Special Provisions. 3-13.2 Acceptance Any new Work found to be defective, damaged, or with graffiti prior to its acceptance shall be repaired or replaced by the Contractor at his/her sole expense. The Project will not be considered complete and ready for City Council direction to staff regarding recordation of the Notice of Completion until all required Work is completed, the Work site is cleaned up in accordance with Section 3-12 of Part 1 of the Standard Specifications and the Special Provisions, and all of the following items have been received by the Engineer: 1. A form of Notice of Completion, with all information required by the California Civil Code; 2. "Certificate of Occupancy" indicating approval by City departments and divisions; 3. Receipt by the City of all written guarantees, warranties, and approvals from governing agencies as specified herein; 4. Evidence that the Performance Bond has been extended and will remain in effect for the period specified in Section 1-7.2 of the Standard Specifications, as modified by these Special Provisions; 5. Submission of a full size digital and hard copy set of all as-built plans; and 6. Duplicate copies of all operating instructions and manufacturer's operating catalogs and data, together with such field instructions as necessary to fully instruct City personnel in correct operation and maintenance procedures for all equipment installed listed under the electrical, air conditioning, heating, ventilating and other trades. This data and instructions shall be furnished in both digital and hard copy format for all equipment requiring periodic adjustments, maintenance or other operation procedures. The Contractor shall allow at least five (5) Days' notice for final inspection. Such notice shall be submitted to the Engineer in writing. SP-15 3-13.3 Warranty For the purpose of the calculation of the start of the warranty period, the Work shall be deemed to be completed upon the date of recordation of the Notice of Completion. If that direction is contingent on the completion of any items remaining on a punchlist, the Work shall be deemed to be completed upon the date of the Engineer's acceptance of the final item(s) on that punchlist. The Contractor shall repair or replace defective materials and workmanship as required in this Section 3- 13.3 at its own expense. Additionally, the Contractor agrees to defend, indemnify and hold the City harmless from claims of any kind arising from damage, injury or death due to such defects. The parties agree that no certificate given shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective Work or improper materials. Further, the certificate or final payment shall not terminate the Contractor's obligations under the warranty herein. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any Work done in accordance with any alterations of the same, shall release the City, the City Council and its officers and employees from any and all claims or liability on account of Work performed under the Contract or any alteration thereof. The Contractor hereby guarantees that the entire Work constructed by him/her under this Contract will meet fully all requirements thereof as to quality of workmanship and materials furnished by him/her. The Contractor hereby agrees to make, at his/her/its own expense, any repairs or replacements made necessary by defects in materials or workmanship supplied by him/her/it that become evidence within one (1)year after City Council acceptance of the Work. Within one (1) year after acceptance of the Work, Contractor further agrees to restore to full compliance with any requirements any Work or materials found to be deficient with respect to any provisions of the Contract Documents. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for same from the Engineer. If the Contractor fails to make the repair and replacements promptly, the City may do the Work and the Contractor and his surety shall be liable to the City for the cost thereof. This guarantee shall be secured by the Faithful Performance Bond furnished under the Contract and said bond shall remain in force and effect until the expiration of said one (1) year period from date of acceptance of the Project by the City Council. 3-14 CONTRACTOR'S RECORD/AS-BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As-Built" drawings of all Work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment bill is submitted. The As-Built plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the Project. During this time, the material shall be made available to the Engineer. SECTION 4 - CONTROL OF MATERIALS 4-1 GENERAL SP-16 The Contractor and all Subcontractors, suppliers, and vendors shall guarantee that the Work will meet all requirements of this Contract as to the quality of materials, equipment, and workmanship. 4-3 INSPECTION All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the Work in its various parts and shall give the Engineer timely (48-hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction materials. Contractor shall arrange and pay for all off-site inspection of the Work required by any ordinance or governing authorities. The Contractor shall also arrange and pay for other inspections, including tests in connection therewith, as may be assigned or required. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the Work, such tests and inspections shall be paid for by the Contractor. 4-4 TESTING Except as elsewhere specified, the City shall bear the cost of testing materials and workmanship that meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The City shall be responsible for the first series of tests. If the initial tests do not meet the Contract requirements, the cost of all subsequent tests, including but not limited to the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor. If the City requires other tests or more specific requirements for testing regarding this Project, those details will be included in the Special Provisions. 4-6 TRADE NAMES If the Contractor requests to substitute an equivalent item for a brand or trade name item, the burden of proof as to the comparative quality and suitability of alternative equipment or articles or materials shall be upon the Contractor, and the Contractor shall furnish, at its own expense, all information necessary or related thereto as required by the Engineer. All requests for substitution shall be submitted, together with all documentation necessary for the Engineer to determine equivalence, no later than 48 hours after the Bid opening, unless a different deadline is listed in the Special Provisions. SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES 5-1 LAWS AND REGULATIONS The Contractor shall comply with all codes, ordinances, rules, regulations, orders and other legal requirements of public authorities that govern, regulate or control the performance of its Work. In accordance with Section 7028.15 of the Business and Professions Code, all Contractors shall be licensed in accordance with the laws of the State of California and any Contractor or subcontractor not so licensed is subject to the penalties imposed by such laws. 5-2 SPECIAL NOTICES The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and orders of the City. If Contractor observes that any of the Contract Documents are at variance therewith in any SP-17 respect, Contractor shall promptly notify the Engineer in writing and any necessary changes shall be adjusted by appropriate modifications. If Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and/or regulations, and without such notice to the Engineer, Contractor shall assume full responsibility therefore and he/she shall bear all costs attributable thereto. 5-3 LABOR 5-3.1 General The Contractor acknowledges that the Project is a "public work" as defined in Labor Code Section 1720 et seq. ("Chapter 1"), and that this Project is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations ("DIR") implementing such statutes. The Contractor shall perform all Work on the Project as a public work. The Contractor shall comply with and be bound by all the terms, rules and regulations described in (a) and (b) as though set forth in full herein. 5-3.2 Prevailing Wages Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are on file at City Hall and will be made available to any interested party on request. By initiating any Work, the Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and the Contractor shall post such rates at each job site covered by these Contract Documents. The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty paid to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to these Contract Documents by the Contractor or by any Subcontractor. 5-3.3 Payroll Records The Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires the Contractor and each Subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor has ten (10) Days in which to comply subsequent to receipt of a written notice requesting these records, or as a penalty to the City, the Contractor shall forfeit one hundred dollars ($100) for each Day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. The Contractor and each Subcontractor shall comply with and be bound by the provisions of Labor Code Section 1771.4(a)(3), which requires that each Contractor and each Subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner at least monthly, in a format prescribed by the Labor Commissioner. 5-3.4 Hours of Labor SP-18 The Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. The Contractor shall comply with and be bound by Labor Code Section 1810. The Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty paid to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Project by the Contractor or by any Subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of the Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half(1-1/2) times the basic rate of pay. 5-3.5 Apprentices The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. The Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations. Before commencing Work on this Project, the Contractor shall provide the City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) Days after concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract. 5-3.6 Debarment or Suspension The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. If the Contractor or any Subcontractor becomes debarred or suspended during the duration of the Project, the Contractor shall immediately notify the City. 5-3.7 Registration with the DIR In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a Bid, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. 5-3.8 Compliance Monitoring and Posting Job Sites This Project is subject to compliance monitoring and enforcement by the DIR. The Contractor shall post job site notices, as prescribed by regulation. 5-3.9 Subcontractors For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and the Contractor shall include in the written Contract between it and each Subcontractor a copy of the provisions in this Section 5-3 and a requirement that each Subcontractor shall comply with those provisions. The Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the Subcontractor and upon becoming aware of the failure of the Subcontractor to pay its workers the specified prevailing rate of wages. The Contractor shall diligently take corrective action to halt or rectify any failure. SP-19 5-3.10 Prevailing Wage Indemnity To the maximum extent permitted by law, the Contractor shall indemnify, hold harmless and defend (at the Contractor's expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed in Section 5-3 of the General Provisions by any Person (including the Contractor, its Subcontractors, and each of their officials, officers, employees and agents) in connection with any Work undertaken or in connection with the Contract Documents, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of the Contractor under this Section 5-3.10 shall survive expiration or termination of the Contract. 5-4 INSURANCE The insurance provisions of the Contract supersede the insurance provisions of Section 5-4 of the Standard Specifications. 5-5 ANTITRUST CLAIMS The Contractor's attention is directed to the following provisions of California Government Code Sections 4552, 4553, and 4554, which shall be applicable to the Contractor and his or her subcontractors: In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials by the Contractor or subcontractor pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties. If the City receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under Title 1, Chapter 11 of the Government Code, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the City any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the City as part of the Bid price, less the expenses incurred in obtaining that portion of the recovery. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b)the assignee declines to file a court action for the cause of action. 5-7 SAFETY 5-7.1 Work Site Safety 5-7.1.1 General Due to the Project's location, the Contractor shall be required to secure and render safe the entire construction area at the end of each Day. Work areas must be well barricaded and flagged. No open excavations will be allowed on the weekends. SP-20 This Project must follow all AQMD, CAL/OSHA, and applicable Agencies Having Jurisdiction (AHJ) requirements and Rule 1403 for handling of Asbestos-Contained and Lead-Contained Materials. 5-7.7 Security and Protective Devices Contractor shall be responsible for and shall provide and maintain all required guards, railings, lights and warning signs and shall take all precautions to avoid injury or damage to any person or property and shall protect and indemnify the City against any claim or liability arising from or based on the lack of proper safeguards or negligence whether by himself or his agents, employees or subcontractors. Contractor shall protect all Work, materials and equipment from damage from any cause whatsoever, and provide adequate and proper storage facilities during the progress of the Work per Section 3-12 of these Special Provisions. Contractor shall provide for the safety and good condition of all Work until final acceptance of the Work by the City and replace all damaged or defective work, materials and equipment before requesting final acceptance. Contractor shall exercise diligence to avoid damage to sprinkler piping, valves, trees, planting, turf, etc., in addition to buildings, structures, pavement, fences and footings. Any required tree branch trimming or removal shall be brought to the attention of the City promptly and will be performed by City personnel. Any damage to private property shall be repaired at the sole expense of the Contractor. 5-7.8 Steel Plate Covers 5-7.8.1 General Steel plates utilized for trenching shall be the slip resistant type per Caftans standards. Steel plates on pavement shall be pinned and recessed flush with existing pavement surface on arterial and collector roadways. The Contractor shall make all openings, trenches, and/or excavations covered, protected, and safely opened to the public at the end of each Day, unless otherwise approved by the Engineer. 5-8 INDEMNIFICATION Reference is made to the indemnification provisions of the Contract, which are incorporated into the Standard Specifications by this reference. 5-9 CONTRACTOR'S LICENSES. At the time of the award and until completion of the Work, the Contractor shall possess a General Engineering Contractor "B" License. At the start of Work and until completion of Work, the Contractor and all Sub-Contractors shall possess a valid Business License issued by the City. SECTION 6 - PROSECUTION AND PROGRESS OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6-1.1 Construction Schedule SP-21 Within ten (10) Days before the scheduled pre-construction meeting, the Contractor must submit to the Engineer for review and approval the construction schedule required by the first paragraph of Section 6- 1.1 and shows critical path scheduling. The Contractor shall make revisions as required by the Engineer. The schedule must account for all subcontract work, as well as the work of the Contractor, submittals, coordination with the other contractors performing concurrent work and the Traffic Control Plan. The Contractor shall not begin construction until the construction schedule is approved. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If Work falls behind the baseline schedule, the Contractor shall be prohibited from starting additional Work until Contractor has exerted extra effort to meet the baseline schedule and demonstrated the ability to maintain the schedule in the future. Such stoppages in Work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra Work because additional personnel and equipment were required on the job. The Contractor shall update the schedule periodically or as directed by the Engineer to reflect and delay or extension of time. In addition, the Contractor shall prepare 3-week look-ahead schedules on a bi- weekly basis with detailed daily activities. The Contractor shall update this Construction Schedule when directed by the Engineer, or when: a. A Change Order significantly affects the Contract completion date or the sequence of construction approach or activities; or b. The actual sequence of the Work, or the planned sequence of the Work, is changed and does not conform to the Contractor's current accepted Project construction schedule. The Contractor shall submit an updated construction schedule with its monthly invoice every month. Progress payments shall be contingent upon the receipt of monthly updated construction schedules. 6-1.1.1 Pre-Construction Conference Approximately 14 Days before the commencement of Work at the site, a pre-construction conference will be held at the City and shall be attended by the Contractor's Project manager, its on-site field superintendent, and any Subcontractors that the Contractor deems appropriate. Attendance by the Contractor and any Subcontractors designated is mandatory. Contractor shall submit its twenty-four (24) hour emergency telephone numbers to the Engineer for approval a minimum of two (2) Days before the pre-construction conference. Unless previously submitted to the Engineer, the Contractor shall bring to the pre-construction conference copies of each of the following: 1) Construction Schedule. 2) Procurement schedule of major equipment and materials and items requiring long lead time. 3) Shop drawing/sample submittal schedule. 4) Preliminary schedule of values (lump sum price breakdown) for progress payment purposes. 5) Written designation of the on-site field superintendent and the Project manager. Both daytime and emergency telephone numbers shall be included in the written designation. The purpose of the conference is to designate responsible personnel and establish a working relationship. The parties will discuss matters requiring coordination and establish procedures for handling such matters. The complete agenda will be furnished to the Contractor before the meeting date. The Contractor shall be prepared to discuss all of the items listed below. SP-22 1) Contractor's tentative schedule. 2) Pre-construction video and photographic documentation. 3) Notification of local residents prior to starting any Work and keeping them informed throughout the Project. 4) Procedures for transmittal, review, and distribution of Contractor's submittals. 5) Processing applications for payment. 6) Maintaining record documents. 7) Critical Work sequencing. 8) Maintaining utility service during construction, including proposed by-passes. 9) NPDES requirements. 10) Compliance with the Orange County Stormwater Programs, including the December 2012 "Construction Runoff Guidance Manual." 11) Field decisions and Change Orders. 12) Use of Project site, office and storage areas, security, housekeeping, and City needs. 13) Major equipment deliveries and priorities. 14) Traffic Control. 15) Any other item that the City representative states is relevant to the meeting. The City will preside at the pre-construction meeting and will arrange for keeping and distributing the minutes to all persons in attendance. Attendance by the Contractor's Project manager and superintendent, and its subcontractors is mandatory. 6-1.1-2 Weekly Construction Meeting Weekly construction meetings will be held during the course of the Project. The meeting location, day of the week and time of day will be mutually agreed to by the City and the Contractor. The Contractor shall provide a three (3) week "look ahead" schedule for each meeting. The City will prepare the meeting agenda and minutes, and will distribute minutes to all persons in attendance. As the Work progresses, if it is determined by the Engineer that weekly meetings are not necessary, the weekly construction meeting frequency may be changed. 6-1.2 Commencement of the Work The Contractor shall not begin any construction activity at the site before a "Notice to Proceed" has been issued, a pre-construction meeting has been conducted, and a schedule of Work has been approved by the Engineer. Any Work that is done by the Contractor in advance of the Notice to Proceed shall be considered as being done at the Contractor's own risk and responsibility, and as a consequence will be subject to rejection. 6-1.3 Construction Coordination and Phasing The following construction coordination and phasing items shall be considered and incorporated into the construction schedule: • Contractor shall coordinate with City's Community Services Department to accommodate Senior and Recreation program at the project site. • Contractor shall required Building Inspections with the City's Community Development Department 6-3 TIME OF COMPLETION 6-3.1 General After the provision of material and equipment procurement schedule, the Engineer shall issue a Notice to Procure. The time alotted during the notice to Procure shall be granted for shop drawing preparation, equipment manufacturing and delivery. The City currently estimate the Notice to Procure time to be 180 SP-23 CALENDAR DAYS. The Notice to Proceed will be issued at the expiration of the Notice to Procure or earlier, as agreed upon by the Contractor and the Engineer. The Contractor shall complete all Work under the Contract within 40 CONSECUTIVE WORKING DAYS after the date on the Notice to Proceed. The Contractor shall not be allowed to begin any construction activity at the site prior to the issuance of the Notice to Proceed. Between the period of the Notice of Award and Notice to Proceed, the Contractor shall process shop drawings, and begin equipment/materials procurement. The Contractor shall ensure the availability of all material prior to the start of Work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of Work. The Contractor shall coordinate the Work of the various phases of the Project and/or its subcontractors to avoid interference, duplication of work or unfinished gaps between operations. Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. No Work will be allowed on City holidays, which are as follows: See Section 6-3.2. A permit may have other hours or Days for the Contractor to do the Work, and those hours and Days shall supersede any hours and Days written in this Section. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the Work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to Work outside normal working hours, the Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Whenever the Contractor is permitted or directed to perform night Work or to vary the period during which Work is performed during the day, he shall give 12 hours' notice to the Inspector so that inspection may be provided. Additionally, the Contractor shall pay for supplemental inspection costs of$200 per hour when such time periods are approved. 6-3.2 Contract Time Accounting Add to this section: Designated City holidays are defined as: 1. January 1st(New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11th(Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th(Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31st(New Year's Eve) 13. Special Election Days 14. Any other City-designed non-working days. If a holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. SP-24 6-4 DELAYS AND EXTENSIONS OF TIME 6-4.1 General The Contractor shall be entitled to an extension of the Contract time without the assessment of liquidated damages when delays in the completion of Work are extended by change order or caused by Acts of God, public enemies, fire, flood, epidemics, quarantine, restrictions, strikes, shortages of materials, trade embargoes and severe weather, delay of subcontractors due to such causes or delays caused solely by the act or omission of the City, as applicable. It shall be the responsibility of the Contractor to notify the Engineer in writing within five (5) Days prior to any such delay, if reasonably possible, and submit evidence as required by the Engineer to substantiate his/her entitlement to additional time. The term "severe weather" shall be construed to mean only such weather as in the judgment of the Engineer prevents Work or makes performance of the Work difficult or hazardous either during the weather's occurrence or its aftermath. No extension of time will be granted for delay caused by shortage of materials. No time extension will be granted for delays which do not affect the critical path of the construction schedule provided at the Pre- Construction Meeting. No extension of time will be granted for any event, including pandemics, leading to the issuance of a "stay at home" or similar kind of order by any local, State, or federal governmental authority, if the Work has been deemed, either by emergency order or proclamation, or operation of law, to be an essential service that is exempt from such stay at home or similar order. Unless otherwise agreed in writing, an adjustment to the Contract time by reason of a Change Order shall be agreed to at the time the Change Order is issued and accepted by Contractor. If the Change Order does not reserve the right of the parties, or either of them, to seek an adjustment to the Contract time, then the parties forever relinquish and waive such right and there shall be no further adjustments to the Contract time. 6-4.2 Extensions of Time In the event it is deemed appropriate by the City to extend the time for completion of the Work, any such extension shall not release any guarantee for the Work required by the Contract Documents, nor shall any such extension of time relieve or release the Sureties on the Bonds executed. In executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such extensions of time. The amount of time allowed by an extension of time shall be limited to the period of the delay giving rise to the same as determined by the City. Notwithstanding any dispute which may arise in connection with a claim for adjustment of the Contract time,the Contractor shall promptly proceed with the Work. 6-4.3 Payment for Delays Notwithstanding any other terms and conditions of the Contract Documents, the City shall have no obligation whatsoever to increase the Contract Price or extend the time for delays. Unless compensation and/or markup is agreed upon by the City, the Contractor agrees that no payment of compensation of any kind shall be made to the Contractor for damages or increased overhead costs caused by any delays in the progress of the Contract, whether such delays are avoidable or unavoidable or caused by any act or omission of the City or its agents. Any accepted delay claim shall be fully compensated for by an extension of time to complete the performance of the Work. This Section shall not apply to compensable delays caused solely by the City. If a compensable delay is caused solely by the City, the Contractor shall be entitled to a Change Order that: (1) extends the time for completion of the Contract by the amount of delay caused by the City; and (2) provides equitable adjustment, as determined by the City, to the Contractor. SP-25 6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE The following sentence is added to Section 6-8: In no event (including termination for impossibility or impracticability, due to conditions or events beyond the control of the City, for any other reason or for no reason) shall the total amount of money to Contractor exceed the amount which would have been paid to Contractor for the full performance of the services described in the Contract. 6-9 LIQUIDATED DAMAGES Liquidated damages as set forth in Section 6-9 of the Standard Specifications shall be $500 (Five Hundred dollars) per calendar day. Nothing in this section shall prohibit the Engineer or City Council from granting to the Contractor an extension of time and the waiving of the liquidated damages. The intent of this section is to emphasize to the Contractor the importance of prosecuting the Work in an orderly, preplanned, continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of the Work. For the purposes of the calculation of the start of the liquidated damages, the Work shall be deemed to be completed when the same has been completed in accordance with the Plans and Specifications therefor and to the satisfaction of the Engineer, and the Engineer has certified such completion in accordance with Section 3-13.1 of Part 1 of the Standard Specifications. SECTION 7 - MEASUREMENT AND PAYMENT 7-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 7-1.1 General Revise paragraph two to read: The unit and lump sum Bid prices for each item of Work shown on the Bid shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the Work, including restoring all existing improvements, to complete the item of Work in place and no other compensation will be allowed thereafter. Payment for incidental items of Work not separately listed shall be included in the prices shown for the other related items of Work. The following items of Work pertain to the Bid items included within the contractor's Proposal dated February 22, 2024. 7-2 LUMP SUM WORK Reference is made to Section 7-2 of the Standard Specifications. 7-3 PAYMENT 7-3.1 General Within ten (10) Days after award of the Contract, Contractor shall prepare and submit to the Engineer a complete and correct cost breakdown of the Contract sum for the purpose of establishing progress payments to the Contractor based on the progress of the Work, if any. The Contractor agrees to revise its original breakdown, if necessary,to satisfy the Engineer as to content, distribution of costs and form. On or before the 10th day of each month, the Contractor shall submit an invoice for payment to the Engineer. Said payment shall be in accordance with the Contract Documents and shall be in the amount accepted by the Engineer, less five percent (5%) of the amount accepted by the Engineer and less all previous payments made and sums to be kept or retained under the provisions of the Contract SP-26 Documents. Payment will be made on or about thirty (30) Days following receipt of the invoice unless it is the subject of an audit by the City or is not properly submitted. A payment request is properly submitted if it contains all information necessary to document that the Work for which payment is requested has been performed, contains all required backup, including any materials required to be submitted to document compliance with the applicable Labor Code laws. Payments shall be made if the above conditions are satisfied and if funds are available for payment and the payment is not delayed due to an audit inquiry by the City or a dispute exists over the payment request. No payment will be made for materials prior to the complete installation of the materials. The unit and lump sum prices to be paid shall constitute full compensation for all labor, equipment, materials, tools and incidentals required to complete the Project as outlined in these Contract Documents and as directed by the Engineer. In accordance with Public Contract Code Section 7107, if no claims have been filed and are still pending, the amount deducted from the final estimate and retained by the City will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be withheld for any other lawful purposes. 7-3.2 Partial and Final Payment For purposes of Section 7-3.2, the monthly closure date shall be the last Day of each month. A measurement of Work performed and a progress estimate of the value thereof based on the Contract and of the monthly payment shall be prepared by the Contractor and submitted to the Engineer before the tenth (10th) Day of the following month for verification and payment consideration. 7-3.2.1 Final Payment The Engineer, after the completion of the Project, shall make a final determination of the amount of Work done thereunder, and the value of such Work, and the City shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the Contract Documents. The prior partial payments and estimates shall be subject to correction in the final estimate and payment. In processing the final payment estimate, the Engineer will invite the Contractor to review and discuss said final estimate during the seven (7) calendar day period following acceptance of the Work by the City. It is mutually agreed between the parties to the Contract that no certificate given or payment made under the Contract, except the final certificate or final payment, shall be conclusive evidence of the performance of the Contract, either wholly or in part, and no payment shall be construed to be an acceptance of any defective Work or improper materials. Retention or deposited securities shall be released to the Contractor sixty (60) calendar days after the date of completion as the term is defined by Section 7107(c) of the Public Contract Code. In the event of a dispute between the Contractor and the Contractor, the City shall withhold from the final payment to the Contractor an amount not to exceed 150 percent of the disputed amount. 7-3.2.3 Retention The City shall withhold not less than five percent (5%) from each progress payment. However, at any time after fifty percent (50%) of the Work has been completed, if the City Council finds that satisfactory progress is being made, it may, at its discretion, make any of the remaining progress payments in full for actual Work completed. The City shall withhold not less than five percent (5%) of the Contract Price from SP-27 the Final Payment Amount (defined in Section 7-3.2.4) until at least thirty-five (35) days after recordation of the Notice of Completion, or recordation of a notice of acceptance or cessation, but not later than the period permitted by Public Contract Code Section 7107. 7-3.2.4 Final Invoice and Payment Whenever the Contractor shall have completely performed the Contract in the opinion of the Engineer, the Engineer shall notify the City Clerk that the Contract has been completed in its entirety. The Contractor shall then submit to the Engineer a written statement of the final quantities of Contract items for inclusion in the final invoice. Upon receipt of such statement, the Engineer shall check the quantities included therein and shall authorize a payment amount, which in the Engineer's opinion shall be just and fair, covering the value of the total amount of Work done by the Contractor, less all previous payments and all amounts to be retained under the provisions of the Contract Documents ("Final Payment Amount"). The Engineer shall then request that the City accept the Work and that the City Clerk be authorized to file, on behalf of the City in the office of the County Recorder, a Notice of Completion of the Work herein agreed to be done by the Contractor. In addition, the final payment will not be released until the Contractor returns the control set of Plans and Specifications showing the redlined as-built conditions. 7-3.2.5 Substitute Security In accordance with Public Contract Code Section 22300, the Contractor may request that it be permitted to substitute securities in lieu of having retention withheld by the City from progress payments when such payments become due or, in the alternative, the Contractor may request that the City make payments of earned retentions directly to an agreed upon designated escrow agent at the Contractor's expense. If the Contractor selects either one of these alternatives, the following shall control. 7.3.2.5.1 Substitution of Securities for Performance Retention At some reasonable time before any progress payment would otherwise be due and payable to the Contractor in the performance of Work under these Contract Documents, the Contractor may submit a request to the City in writing to permit the substitution of retentions with securities equivalent to the amount estimated by the City ("estimated amount of retention") to be withheld. The Contractor shall deposit such securities with the City or may, in the alternative, deposit such securities in escrow with a State or federally chartered bank in California, as the escrow agent, at the Contractor's expense. Such securities will be the equivalent or greater in value of the estimated amount of retention. If the Contract is modified by written Modifications or Change Orders or the Contractor otherwise becomes entitled to receive an amount more than the Contract Price at the time the securities are deposited, the Contractor shall, at the request of the City, deposit with the City or escrow agent, whichever is applicable, additional securities within a reasonable time so that the amount of securities on deposit with the City or escrow agent is equivalent or greater in value than the amount of retention the City would otherwise be entitled to withhold from progress payments due or to become due to the Contractor as the Work progresses. The City shall withhold any retention amount that exceeds the security amount until the additional securities are deposited and, if the deposit is with an escrow agent, the City has confirmation from that escrow agent of the new total value of securities. Upon satisfactory completion of the Contract, which shall mean, among other things, that the City is not otherwise entitled to retain proceeds from progress payments as elsewhere provided in the Contract or under applicable law, the securities shall be returned to the Contractor. The City shall, within its sole discretion, determine whether the amount of the securities on deposit with the City or escrow agent is equal to or greater than the amount of estimated retention of progress payments that could otherwise be held by the City if the Contractor had not elected to substitute same with securities. 7-3.2.5.2 Deposit of Retention Proceeds with an Escrow Agent As an alternative to the substitution of securities, as provided above, or the City otherwise retaining and holding retention proceeds from progress payments, the Contractor may request the City to make payments of retentions earned directly to an escrow agent with the same qualifications as required in SP-28 Section 7-3.2.5.1 above and at the expense of the Contractor. At its sole expense, the Contractor may direct the investment of such retention payments into only such securities as mentioned in Section 7- 3.2.5.4 below and shall be entitled to interest earned on such investments on the same terms provided for securities deposited by the Contractor. Upon satisfactory completion of the Contract, which shall mean when the City would not otherwise be entitled to withhold retention proceeds from progress payments had the Contractor not elected to have such proceeds deposited into escrow, the Contractor shall be allowed to receive from the escrow agent all securities, interest and payments deposited into escrow pursuant to the terms of this Section. The Contractor shall pay to each Subcontractor, not later than ten (10) Days of receipt of payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount withheld to ensure performance of the Contractor. 7-3.2.5.3 Subcontractor Entitlement to Interest If the Contractor elects to receive interest on any moneys withheld in retention by the City, then the Subcontractor shall receive the identical rate of interest received by the Contractor on any retention moneys withheld from the Subcontractor by the Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the Subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the Subcontractor. If the Contractor elects to substitute securities in lieu of retention, then, by mutual consent of the Contractor and the Subcontractor, the Subcontractor may substitute securities in exchange for the release of moneys held in retention by the Contractor. The Contractor shall pay each Subcontractor, not later than ten (10) Days after receipt of escrow moneys, the amount owed to each Subcontractor from the moneys plus the respective amount of interest earned, net of costs attributed to the retention held from each Subcontractor, on the amount of retention withheld to ensure performance of the Subcontractor. 7-3.2.5.4 Securities Eligible for Investment Securities eligible for investment shall include those listed in Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed upon between the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for any monies withheld and shall receive any interest thereon. 7-3.2.5.5 Escrow Agreement for Security Deposits in Lieu of Retention The escrow agreement that shall be used for the deposit of securities in lieu of retention shall substantially conform to the form prescribed in Public Contract Code Section 22300(f). 7-3.2.5.6 Inconsistencies with Prevailing Statutory Requirements If there is any inconsistency between or differences in Public Contract Code Section 22300 and the terms of this provision, or any future amendments thereto, Section 22300 shall control. 7-3.5 Contract Unit Prices 7-3.5.2 Increases of More than 25 Percent Should the actual quantity of an item of Work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 25 percent, payment for the quantity in excess of 125 percent of the Bid quantity shall be paid according to the Contract Unit Price. No adjustments in the Contract Unit Price will be allowed. 7-3.5.3 Decreases of More than 25 Percent SP-29 Should the actual quantity of an item of Work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, be less than 75 percent of the Bid quantity, an adjustment in Contract Unit Price will not be made. 7-3.8 Eliminated Items Should any Bid item be eliminated in its entirety prior to the Notice to Proceed date, no payment will be made for said Bid Item. Should any Bid item be eliminated in its entirety after the Notice to Proceed date, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineering so stating its elimination. 7-3.9 AUDIT The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by the Contractor in preparing its billings to the City as a condition precedent to any payment to the Contractor or in response to a construction claim or a Public Records Act (Government Code Section 6250 et seq.) request. The Contractor will promptly furnish documents requested by the City at no cost. Additionally, the Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under the Contract. The Contractor shall include a copy of this Section 7-3.9 in all contracts with its Subcontractors, and the Contractor shall be responsible for immediately obtaining those records or other written material from its Subcontractors upon a request by the State Auditor or the City. If the Project includes other auditing requirements, those additional requirements will be listed in the Special Provisions. 7-4 PAYMENT FOR EXTRA WORK 7-4.3 Markup 7-4.3.1 Work by the Contractor Add to this section: Except as agreed upon by the parties or as provided herein, Section 7-3 or 7-4 of the Standard Specifications shall govern the payment of costs for Work performed pursuant to change orders. Except as otherwise provided, the Contractor shall be entitled to a mark-up (consisting of reasonable profit and overhead costs) of a maximum amount not to exceed: • Labor 15% • Materials 15% • Equipment Rental 15% • Other Items & Expenditures 15% for Work performed pursuant to a change order. Such mark-up shall be the sole monetary compensation to which the Contractor shall be entitled above the actual cost for performing such Work. 7-4.3.2 Work by the Subcontractor When all or any part of the extra Work is performed by a Subcontractor, the markup established in subsection 7-4.3.1 shall be applied to the Subcontractor's actual cost of such Work. A markup of five- percent (5%) of the subcontracted portion for the extra Work may be added by the Contractor. SP-30 SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-1.1 GENERAL No field offices for City personnel shall be required; however, City personnel shall have the right to enter upon the Project at all times and shall be admitted to the offices of the Contractor to use the telephone, desk and sanitary facilities provided by the Contractor for its own personnel. Section 9 is hereby added to Part 1 of the Standard Specifications, as follows: SECTION 9 - ADDITIONAL TERMS 9-1 NONDISCRIMINATORY EMPLOYMENT The Contractor shall not unlawfully discriminate against any individual based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status. The Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations. 9-2 CONTRACTOR'S RESPONSIBILITY FOR WORK Until the final acceptance of the Work by the City Council in accordance with Section 3-13.2 of the General Provisions, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements, criminal acts, or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence or willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatever, the Contractor shall be responsible for all materials and the protection of Work already completed, shall properly store and protect them if necessary, and shall provide suitable drainage and erect temporary structures where necessary. 9-3 PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at its own cost. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the Bid form and Specifications, and found necessary during the process of construction (but not due to damage resulting from carelessness on the part of the Contractor during its operation), shall be paid to the Contractor at the unit prices submitted in his/her Bid. 9-4 REMOVAL OF INTERFERING OBSTRUCTIONS The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character encountered during the process of excavation. It is understood that the cost of any such removals are made a part of the unit price bid by the Contractor under the item for excavation or removal of existing Work. 9-5 SOILS ENGINEERING AND TESTING A certified materials testing firm may be retained by the City to perform materials tests during the SP-31 Contractor's entire operation to ascertain compliance with the Contract requirements. The City shall be responsible for the first series of tests. If the initial tests do not meet the Contract requirements, the Contractor shall bear the cost of all subsequent tests. If the City requires other tests or more specific requirements for testing regarding this Project, those details will be included in the Special Provisions. 9-6 ACCESS TO PRIVATE PROPERTY Unless otherwise stated in the Special Provisions, the Contractor shall be responsible for all fees and costs associated with securing permission to access private property for any portion of the Project. 9-7 CLAIM DISPUTE RESOLUTION In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed Work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed Work, claims and other disputed matters. All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. For purposes of this Section, "claim" means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for (i) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City, (ii) payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract Documents, payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or (iii) payment of an amount that is disputed by the City. The Contractor or any Subcontractor must file a claim in accordance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Section 9204 and Article 1.5 (as applicable). In addition to compliance with Public Contract Code Section 9204 and Article 1.5, filing a claim in accordance with the Government Claims Act (Government Code Section 810 et seq.) is a prerequisite to filing any lawsuit against the City relating to this Contract. 9-8 THIRD PARTY CLAIMS The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. The City shall timely notify the Contractor of the receipt of any third-party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice. 9-9 COMPLIANCE WITH LAWS The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents. 9-10 REQUIREMENT TO MITIGATE THE SPREAD OF COVID-19. The Contractor and all subcontractors for the Work shall comply with all applicable Federal, State, Los Angeles County, and City statutes, regulations, orders, and ordinances regarding COVID-19 Infection Prevention. This requirement specifically includes, without limitation, compliance with the "Safety and Health Guidance COVID-19 Infection Prevention in Construction" issued by the California Department of Industrial Relations, Division of Occupational Safety and Health and Safety on October 27, 2020 and as may be amended from time to time by the Department. SP-32 Prior to the pre-construction meeting, the Contractor shall submit to the City a "COVID-19 Mitigation Program" implementing these requirements and shall post the COVID-19 Mitigation Program on the project site in a manner designated by the City's Project Manager. The failure of employees or workers of the Contractor and all subcontractors on the Work to comply with these requirements shall be a default per Section 6-4.1, and may also result in a suspension of the Work pursuant to Section 6-3. Contractor acknowledges that, in the event that the Engineer suspends the Work as a result of such failure by Contractor or one of its subcontractors to comply with these requirements, City is not responsible for the delay, and that pursuant to Section 6-6.3 the Contractor is not entitled to compensation. The Contractor shall also pay to the City the costs and expenses incurred by the City resulting from the failure of employees of the Contractor and all subcontractors on the Work to comply with these requirements including, but not limited to, the salaries and benefits for City employees who are unable to work due to exposure to COVID-19 as a result of such failure, and workers compensation benefits and expenses. Delays in the Work resulting from Contractor's or its subcontractor's failure to comply with these regulations shall not be considered an unforeseen event entitling Contractor to an extension of time or payment for delay pursuant to Section 6-6 of the Standard Specifications. 9-11 CONTRACTOR'S REPRESENTATIONS By signing the Contract, the Contractor represents, covenants, agrees, and declares under penalty of perjury under the laws of the State of California that: (a) the Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in the Contract Documents; (b)there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under the Contract Documents; (c) there is no litigation pending against the Contractor that could adversely affect its performance of the Contract, and the Contractor is not the subject of any criminal investigation or proceeding; and (d) to the Contractor's actual knowledge, neither the Contractor nor its personnel have been convicted of a felony. 9-12 CONFLICTS OF INTEREST The Contractor agrees not to accept any employment or representation during the term of the Contract or within twelve (12) months after acceptance as defined in Section 3-13.2 of the General Provisions that is or may likely make the Contractor"financially interested," as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents. 9-13 APPLICABLE LAW The validity, interpretation, and performance of these Contract Documents shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to the Contract shall be in the Superior Court with geographic jurisdiction over the City. 9-14 TI M E Time is of the essence in these Contract Documents. 9-15 INDEPENDENT CONTRACTOR The Contractor and Subcontractors shall at all times remain, as to the City, wholly independent contractors. Neither the City nor any of its officials, officers, employees or agents shall have control over the conduct of the Contractor, Subcontractors, or any of their officers, employees, or agents, except as herein set forth, and the Contractor and Subcontractors are free to dispose of all portions of their time and activities that they are not obligated to devote to the City in such a manner and to such Persons that the Contractor or Subcontractors wish except as expressly provided in these Contract Documents. The Contractor and Subcontractors shall have no power to incur any debt, obligation, or liability on behalf of SP-33 the City, bind the City in any manner, or otherwise act on behalf of the City as agents. The Contractor and Subcontractors shall not, at any time or in any manner, represent that they or any of their agents, servants or employees, are in any manner agents, servants or employees of the City. The Contractor and Subcontractors agree to pay all required taxes on amounts paid to them under the Contract, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract Documents. The Contractor shall include this provision in all contracts with all Subcontractors. 9-16 CONSTRUCTION In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of these Contract Documents shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract Documents or who drafted that portion of the Contract Documents. 9-17 NON-WAIVER OF TERMS, RIGHTS AND REMEDIES Waiver by either party of any one (1) or more of the conditions of performance under these Contract Documents shall not be a waiver of any other condition of performance under these Contract Documents. In no event shall the making by the City of any payment to the Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default that may then exist on the part of the Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. 9-18 TERM The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has fully rendered the services required by the Contract Documents or the Contract has been otherwise terminated by the City. However, some provisions may survive the term listed within this Section, as stated in those provisions. 9-19 NOTICE Except as otherwise required by law, any notice or other communication authorized or required by these Contract Documents shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during the City's regular business hours or (b) on the third (3rd) business day following deposit in the United States mail, postage prepaid, to the addresses listed on the Contractor's Bid and City Hall, or at such other address as one party may notify the other. 9-20 SEVERABILITY If any term or portion of these Contract Documents is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction,the remaining provisions of these Contract Documents shall continue in full force and effect. PART 2 CONSTRUCTION MATERIALS PART 2—CONSTRUCTION MATERIALS The Sections that follow supplement, but do not replace, the corresponding provisions in Part 2 (Construction Methods) of the Standard Specifications, except as otherwise indicated herein. In the event SP-34 of any conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall control. SECTION 201 -CONCRETE, MORTAR,AND RELATED MATERIALS 9-5 ASPHALT CONCRETE. 9-5.4 General. Performance graded (PG) asphalt binder shall be PG 64-10 and conform to Table 203-1.2. Asphalt Concrete for roadway pavement, overlay, full depth surface course, trench resurfacing, slot paving, and patching shall be Type C2 PG 64-10. Asphalt concrete for skin patching shall be Type D2 PG-64-10. Asphalt concrete for A.C. curbs and berms shall be D-PG 70-10 with 1% additional binder in a mix design approved by OC Public Works Materials Laboratory per County of Orange, OC Public Works Standard Plan 1805. The contact surfaces of all cold pavement joints, curbs, gutters, etc. shall be painted with Grade SS- 1 h emulsified asphalt immediately before the adjoining A.C. pavement is placed. Finished surface of the new pavement at the edge of gutter shall be flush with the edge of the gutter in all crosswalk areas and shall be 3/8" higher than the lip of gutter in all otherareas. The Contractor shall prevent the formation of carbonized particles caused by overheating asphalt during manufacturing or construction. Asphalt mix design shall be submitted to the Engineer a minimum of ten (10) Days prior to installation. SECTION 214 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS 214-4.1 General Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized thermoplastic, unless otherwise noted. PART 3 CONSTRUCTION METHODS The Sections that follow supplement, but do not replace, the corresponding provisions in Part 3 (Construction Methods) of the Standard Specifications, except as otherwise indicated herein. In the event SP-35 of any conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall control. SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS,ACCESS RAMPS AND DRIVEWAYS. 303-5.1 Requirements 303-5.1.1 General. 1. Driveway approaches shall be reconstructed and open for use within three calendar days after the commencement of driveway approach removal. 2. Curb access ramps, sidewalks, curb and gutter shall be reconstructed and open for use within five calendar days after commencement of their removal. 3. All curb and gutter shall be constructed on top of 10 inches of 95 percent relative compacted subgrade. 4. Reconstructed sidewalk shall be open to public use on the day following concrete placement. 5. All forms shall be removed, irrigation systems shall be repaired, and backfill or patch back shall be replaced within 72 hours following concrete placement. 6. All damaged private improvements shall be repaired in-kind to the satisfaction of the respective owner within 72 hours of reconstruction Work. 7. P.C.C. work subjected to vehicle loads such as driveways and gutters shall not be opened to traffic until the concrete has cured to a minimum strength of 3,000 psi. The Contractor shall detour traffic around such Work until the Work is ready for public use. 8. Contractor shall be responsible for protecting all new concrete from vandalism. 303-5.5 Finishing 303-5.5.2 Curb "The Contractor shall install or replace curb markings that indicate sewer or water lateral or water valve locations on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V-X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. 303-5.5.3 Walk Unless otherwise noted, walk shall be given a medium-broom finish applied transversely to the centerline. SECTION 314 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-2.1 General The Contractor shall remove all existing traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer. 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS SP-36 314-4.1 General All temporary traffic striping and markings shall be applied in one coat of paint as soon as possible within 24 hours after the finish course has been applied. All Stop Bars shall be temporarily striped on the same day before the street is reopened to traffic. 314-4.2 Control of Alignment and Layout The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary '/2 inch in 40 feet from the existing alignment. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without proper striping over a weekend or holiday. Stop Bars shall be painted before the end of each Day. PART 6 TEMPORARY TRAFFIC CONTROL The Sections that follow supplement, but do not replace, the corresponding provisions in Part 6 (Temporary Traffic Control) of the Standard Specifications, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall control. SECTION 600 - ACCESS SECTION 601 - TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND MAINTENANCE WORK ZONES 601-1 GENERAL The Contractor shall furnish, install, and maintain adequate signage, barricades, delineators, yellow safety ribbons, changeable message board, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected establishments. Messages for the changeable message boards shall be updated by the Contractor as directed by the Engineer. Signs shall be erected on barricades and not delineators. Flagging may be necessary. 601-2 TEMPORARY TRAFFIC CONTROL PLAN (TCP) Prior to construction, the Contractor shall submit to the Engineer for approval a traffic control plan. The traffic control plan shall be prepared by a Civil or Traffic Engineer licensed in the State of California. The plan shall include, but not be limited to, location of all signs and proposed vehicular and pedestrian traffic flow diagrams. If approved by the Engineer, Contractor may use applicable temporary traffic control set- ups in accordance with the Work Area Traffic Control Handbook (WATCH) Manual for local streets, collectors and alleys, and shall not be used for arterials. Submittal of said traffic control set-ups to the Engineer for review and approval at least ten (10) Days prior to commencement of any Work applies. Traffic control and detours shall incorporate the following items: SP-37 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricade, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street or alley during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Public Works Yard, at (562) 431-2527 Ext. 1414, and all affected property owners. 5. The Contractor shall make special accommodations to provide access for residents with disabilities on the closed streets. 6. If necessary, temporary shutdown of streets and alleys must be approved by the City a minimum of 72 hours in advance of the proposed closure. The Contractor shall make special accommodations to provide access for residents with disabilities in the closed alleys and streets. 7. Sidewalk closures in residential area, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure. 8. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. 9. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. ***END OF SECTION*** SP-38 EXHIBIT 0 REFERENCE DOCUMENTS The provisions of Chapter 9.60 (BUILDING CODE) of Title 9 (Public Property, Public Works, and Building Regulations) of the Seal Beach Municipal Code are hereby incorporated herein by this reference, and are available at the following link: https://ecode360.com/SE5012 1. The provisions of the California Building Code as adopted and amended by City of Seal Beach shall apply to all buildings and structures, excluding the provisions of the California Residential Code. 2. The provisions of the California Electrical Code as adopted and amended by City of Seal Beach shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 3. The provisions of the California Mechanical Code as adopted and amended by City of Seal Beach shall apply to the installation, alterations, repairs and replacement of residential and commercial mechanical and gas systems, including equipment, appliances, fixtures, fittings and for appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems. Where there is a conflict between the California Mechanical and Plumbing Codes, as related to chapters for gas or fuel, the provisions provided in the Plumbing Code shall prevail. 4. The provisions of the California Plumbing Code as adopted and amended by City of Seal Beach shall apply to the installation, alteration, repair, replacement of plumbing systems and gas delivery systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the California Plumbing Code shall apply to private sewage disposal systems. 5. The mandatory provisions of the California Fire Code as adopted and amended by City of Seal Beach shall apply to all new and existing buildings, structures and premises. EXHIBIT P DEBARMENT CERTIFICATION Exhibit 3 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and suspension, 29 CFR Part 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211) (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION) (1) The contractor or grant recipient of Federal assistance funds certifies, by submission of this exhibit document, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department oragency. (2) Where the contractor or grant recipient of Federal assistance funds is unable to certify to any of the statements in this certification, the contractor or grant recipient shall attach an explanation to this exhibit document. Matthew McMillan Name President Title -Lai/ j1 8/22/24 Authorized Signature Date County of Orange Page 1 of 2 City of Seal Beach OC Community Resources Contract No 012-24011207 Exhibit 3 DEBARMENT AND SUSPENSION CERTIFICATION - Instructions for Certification 1. By signing and submitting this exhibit document, the contractor or grant recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in the clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the contractor or grant recipient of Federal assistance funds knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The contractor recipient of Federal assistance funds shall provide immediate written notice to the County of Orange/Workforce Investment Board to which this certification document is submitted if at any time the contractor or grant recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The contractor or grant recipient of Federal assistance funds agrees by submitting this certification document that, should the covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 5. The contractor or grant recipient of Federal assistance funds further agrees by submitting this certification document that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. The contractor or grant recipient in a covered transaction may rely upon a certification of a contractor or grant recipient in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The contractor or grant recipient may decide the method and frequency by which it determines the eligibility of its principals. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the contractor or grant recipient is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these instructions, if the contractor or grant recipient in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. County of Orange Page 2 of 2 City of Seal Beach Contract OC Community Resources No.012-24011207 EXHIBIT Q STANDARD FORM-LLL, "DISCLOSURE FORM TO REPORT LOBBYING" EXHIBIT 4 INSTRUCTIONS FOR COMPLETION OF SF-LLL DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with a covered Federal action. Use the SF LLL-A Continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying is and has been secured to influence the outcome of a covered action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate dassification of this report. If this is a follow up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include congressional district. if known. Check the appropriate classification of the reporting entity that designates if it is,or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e. g. the first subawardee of the prime is the 1st tier. Subawards indude but are not limited to subcontracts. subgrants and contract awards under grants. 5. If the organization filing the report, in item 4 checks"Subawardee",then enter the full name, address,city, state, and zip code of the prime Federal recipient. Include congressional district,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e. g. Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number the contract, grant. or loan award number,the application proposal control number assigned by the Federal agency). Include prefixes,e.g.,"RFP DE 90 09." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the primary entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name,and Middle Initial(MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity(item 10). Indicate whether the payment has been made(actual) or will be made (planned). Check all boxes that apply. If this is a material change report enter he cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es).Check all boxes that apply. If payment is made through an in kind contribution,specify the nature and value of the in kind payment. 13. Check the appropriate box(es).Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed,or will be expected to perform, and the date(s)of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s)or employee(s)contacted and the officer(s),employee(s),or Member(s)of Congress that were contacted. 15. Check whether or not a SF LLL A Continuation Sheet(s)is attached. 16. The certifying official shall sign and date the form,print his/her name,title,and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions. searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget. Paperwork Reduction Project(0348 0046)Washington D.C.,20503. County of Orange Page 1 of 3 City of Seal Beach OC Community Resources Contract No. 012-24011207 EXHIBIT 4 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose activities pursuant to 31 U.S.0 1352 1. Type of Federal Actions: 2, Status of Federal Actions: 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For material change only: e. loan guarantee Year: Quarter: f. loan insurance Date of last report:_ 4. Name and Address of Reporting Entity 5. If Reporting Entity in No.4 is a Subawardee: Prime Subawardee Enter Name and Address of Prime: Tier if known Congressional District,if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description 8. Federal Action Number,if known: 9. Award Amount, if known: 10a. Name and Address of Lobbying Entity 10b. Individual Performing Services (if individual,last name,first name,MI): (including address if different from No. 10a) (last name,first name, MI): (attach Continuation Sheets SF-LLL-A,if necessary) 11. Amount of Payment(check all that apply): 13. Type of Payment(check all that apply) $ Actual a. retainer Planned b. one-time free 12. Form of Payment(check all that apply): c. commission a. cash d. contingent fee b. in-kind: specify: e. deferred nature: f. other specify: value: 14. Enter Description of Services performed or to be Performed and date(s)of Service,including officer(s),employee(s),or Member(s) contacted,for Payment indicated on item 11: 15. Continuation sheet(s)SF-LLL-A attached: ❑ Yes ❑ No 16. Information requested through this form authorized by Title 31 U.S.C.Section 1352.This disclosure of lobbying activities is a Signature: material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into.This disclosure is required pursuant to 31 U.S.C. 1352.This information will be reported to the Congress semiannually and will be available for Print Name: public inspection.An person who fails to file the required disclosure shall be subject to a civil penalty of not less than$10,000 and not Title: more than$100,000 for each such failure. Telephone No: Date: County of Orange Page 2 of 3 City of Seal Beach OC Community Resources Contract No 012-24011207 EXHIBIT 4 DISCLOSURE OF LOBBYING ACTIVITIES CONTINUATION SHEET Approved by OMS - 0348-0046 Reporting Entity: Page_ of BILLING CODES 3410-01 -C;6450-01-C;6890-01 ;6025-01-C;7510-01-C,35 1 O-FE-C;8120-01 -C;4710-24-C,6116-01 -C, County of Orange Page 3 of 3 City of Seal Beach OC Community Resources Contract No. 012-24011207 EXHIBIT 5 Page 1 of 1 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies,to the best of his or her knowledge and belief, that: (1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all* subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements)and that all* subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. MDJ Management, LLC Grantee/Contractor Organization Matthew McMillon Name President Title MAO— Authorized Signature *Note: In these instances, "All," in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over$100,000(per OMB). City of Seal Beach Contract No. 012-24011207 EXHIBIT R DRUG-FREE WORKPLACE CERTIFICATION FORM HUD-50070 (3/98) EXHIBIT 2 Certification for U.S. Department of Housing and Urban Development a Drug-Free Workplace City of Seal Beach Contract#012-24011207 Applicant Name CDBG—Public Facilities and Improvements.Housing Rehabilitation.Public Services Program/Activity Receiving Federal Grant Funding Acting on behalf of the above named Applicant as its Authorized Official, I make the following certifications and agreements to the Department of Housing and Urban Development(HUD)regarding the sites listed below: I certify that the above named Applicant will or will continue (I) Abide by the terms of the statement;and to provide a drug-free workplace by: (2) Notify the employer in writing of his or her convic- a. Publishing a statement notifying employees that the un- tion for a violation of a criminal drug statute occurring in the lawful manufacture, distribution, dispensing, possession, or use workplace no later than five calendar days after such conviction; of a controlled substance is prohibited in the Applicant's work- e. Notifying the agency in writing, within ten calendar place and specifying the actions that will be taken against employees for violation of such prohibition. days after receiving notice under subparagraph d.(2) from an em- ployee or otherwise receiving actual notice of such b. Establishing an on-going drug-free awareness program to conviction. Employers of convicted employees must provide inform employees--- notice, includ- ing position title, to every grant officer or (I) The dangers of drug abuse in the workplace; other designee on whose grant activity the convicted employee was working, unless the Federal agency has (2) The Applicant's policy of maintaining a drug-free designated a central point for the receipt of such notices workplace; Notice shall include the identification number(s) of each (3) Any available drug counseling, rehabilitation, and affected grant; employee assistance programs; and f. Taking one of the following actions, within 30 calendar (4) The penalties that may be imposed upon employees days of receiving notice under subparagraph d(2), with respect for drug abuse violations occurring in the workplace. to any employee who is so convicted --- c. Making it a requirement that each employee to be engaged (I) Taking appropriate personnel action against such an in the performance of the grant be given a copy of the statement employee, up to and including termination, consistent with the required by paragraph a.; requirements of the Rehabilitation Act of 1973,as amended; or d. Notifying the employee in the statement required by para (2) Requiring such employee to participate satisfacto- graph a. that, as a condition of employment under the grant, the rily in a drug abuse assistance or rehabilitation program ap employee will --- proved for such purposes by a Federal, State, or local health, law enforcement,or other appropriate agency; g. Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs a thru f. 2. Sites for Work Performance. The Applicant shall list(on separate pages) the site(s) for the performance of work done in connection with the HUD funding of the program/activity shown above: Place of Performance shall include the street address, city, county, State, and zip code. Identify each sheet with the Applicant name and address and the program/activity receiving grant funding.) Check here Oil there are workplaces on file that are not identified on the attached sheets. I hereby certify that all the information stated herein,as well as any information provided in the accompaniment herewith, is true and accurate. Warning:HUD will prosecute false claims and statements.Conviction may result in criminal and/or civil penalties. (18 U S.C. 1001, 1010, 1012;31 U.S.C.3729,3802) Name of Authorized Official Title Matthew McMillon President signature Date X YY i? in 8/22/24 form HUD-50070(3/98) ref.Handbooks 7417.1 ,7475.13,7485.1 &.3 POLICY NUMBER: BCS2001653 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Any person or organization when required by writ- All Locations ten contract or agreement, executed prior to the occurrence to which this insurance applies, that such person or organization be added as an addi- tional insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER: BCS2001653 COMMERCIAL GENERAL LIABILITY CG20011219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: BCS2001653 COMMERCIAL GENERAL LIABILITY CG 24 0412 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization for whom the insured has agreed to waive rights of recovery, provided such agreement is made in writing and prior to the loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 NAMED INSURED: MDJ MANAGEMENT, LLC POLICY NUMBER: BA5Y1561432442G POLICY TERM: 07/01/2024 - 07/01/2025 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE —GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL PROPERTY LIMITS K. AIRBAGS E. TRAILERS— INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES— INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business. An Insured, of SECTION II —COVERED AUTOS 2. The following replaces Paragraph b. in B.5., LIABILITY COVERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS. a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or ered "autos" you own: "property damage" occurs and that is in effect during the policy period, to be named as an addi (1) Any covered "auto" you lease, hire, tional insured is an "insured" for Covered Autos rent or borrow; and Liability Coverage, but only for damages to which (2) Any covered "auto" hired or rented by this insurance applies and only to the extent that your "employee" under a contract in person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section II. related to the conduct of your busi- B. EMPLOYEE HIRED AUTO ness. 1. The following is added to Paragraph A.1., However, any "auto" that is leased, hired, Who Is An Insured, of SECTION II — COV- rented or borrowed with a driver is not a ERED AUTOS LIABILITY COVERAGE: covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION II —COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 ©2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured"while us- (2) An adjustment for depreciation and physical ing a covered "auto"you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total "loss". D. SUPPLEMENTARY PAYMENTS — INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality, we will not pay for the 1. The following replaces Paragraph A.2.a.(2) of amount of betterment. SECTION II — COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned (2) Up to $3,000 for cost of bail bonds (in- covered "auto". cluding bonds for related traffic law viola- (5) This Coverage Extension does not apply to: tions) required because of an "accident" (a) Any "auto" that is hired, rented or bor- we cover. We do not have to furnish rowed with a driver; or these bonds. (b) Any "auto" that is hired, rented or bor- 2. The following replaces Paragraph A.2.a.(4) of SECTION II — COVERED AUTOS LIABILITY rowed from your"employee". COVERAGE: G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT (4) All reasonable expenses incurred by the "insured" at our request, including actual The following replaces the first sentence in Para- loss of earnings up to $500 a day be- graph A.4.a., Transportation Expenses, of cause of time off from work. SECTION III — PHYSICAL DAMAGE COVER- AGE: E. TRAILERS— INCREASED LOAD CAPACITY We will pay up to $50 per day to a maximum of The following replaces Paragraph Cl.. of SEC- The I—COVERED AUTOS: $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- 1. "Trailers" with a load capacity of 3,000 ered "auto" of the private passenger type. pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT—INCREASED LIMIT F. HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b. of SECTION III — PHYSICAL The following is added to Paragraph A.4., Cover- DAMAGE COVERAGE is deleted. age Extensions, of SECTION III — PHYSICAL I. WAIVER OF DEDUCTIBLE —GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deducti- Hired Auto Physical Damage Coverage ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Covered COVERAGE: Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or Cover- borrow subject to the following: The following is added to Paragraph A.4.,age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" to any one DAMAGE COVERAGE: "auto" that you hire, rent or borrow is the Personal Property Coverage lesser of: We will pay up to $400 for "loss" to wearing ap- (a) $50,000; parel and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an "insured"; and stolen property as of the time of the (2) In or on your covered "auto". "loss"; or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property cover- property of like kind and quality. age. Page 2 of 3 ©2015 The Travelers Indemnity Company. All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the "loss"; COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto" you own that in- and tear or high mileage; flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but (c) Security deposits not returned by the les- only: sor; a. If that "auto" is a covered "auto" for Compre- (d) Costs for extended warranties, Credit Life hensive Coverage under this policy; Insurance, Health, Accident or Disability b. The airbags are not covered under any war- Insurance purchased with the loan or ranty; lease; and and c. The airbags were not intentionally inflated. (e) Carry-over balances from previous loans or leases. We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one"loss". L. AUTO LOAN LEASE GAP The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, The following is added to Paragraph A.4., Cover- of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private 5. Transfer Of Rights Of Recovery Against Others To Us Passenger Type Vehicles In the event of a total "loss"to a covered "auto" of We waive any right of recovery we may have the private passenger type shown in the Schedule against any person or organization to the ex- or Declarations for which Physical Damage Coy- tent required of you by a written contract exe- erage is provided, we will pay any unpaid amount cuted prior to any "accident" or "loss", pro- due on the lease or loan for such covered "auto" vided that the "accident" or"loss" arises out of less the following: the operations contemplated by such con- (1) The amount paid under the Physical Damage tract. The waiver applies only to the person or Coverage Section of the policy for that"auto"; organization designated in such contract. and CA T4 20 02 15 ©2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc.with its permission. NAMED INSURED: MDJ MANAGEMENT, LLC POLICY NUMBER: BA5Y1561432442G COMMERCIAL AUTO POLICY TERM: 07/01/2024 -07/01/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE - CONTRACTORS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.5., Other 1. The following is added to Paragraph c. in A.1., Insurance of SECTION IV — BUSINESS AUTO Who Is An Insured, of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part 5. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement, that is signed by you before the applicable other insurance under which an "bodily injury" or "property damage" occurs and additional insured person or organization is a that is in effect during the policy period, to name named insured when a written contract or as an additional insured for Covered Autos agreement with you, that is signed by you before Liability Coverage, but only for damages to which the "bodily injury" or "property damage" occurs this insurance applies and only to the extent of and that is in effect during the policy period, that person's or organization's liability for the requires this insurance to be primary and non- conduct of another"insured". contributory. CA T4 99 02 16 u 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. STATE ENDORSEMENT AGREEMENT BROKER COPY COMPENSATION WAIVER OF SUBROGATION INSURANCE BLANKET BASIS, 9236206-24 FUND RENEWAL SP HOME OFFICE SAN FRANCISCO EFFECTIVE JULY 1, 2024 AT 12.01 A.M. PAGE 1 OF 1 ALL EFFECTIVE DATES ARE AND EXPIRING JULY 1 , 2025 AT 12.01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME MDJ MANAGEMENT LLC 531 MAIN STREET, SUITE 611 EL SEGUNDO, CA 90245 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION BLANKET WAIVER OF FOR WHOM THE NAMED INSURED SUBROGATION HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO. JUNE 28, 2024 '61: ( �/ ���.,L�.. 2572 AUTHORIZED REPRESENT IVE PRESIDENT AND CEO crlC cno^^ n1 ' oc` 1n nl n nP 717 EXHIBIT G-3 ADDITIONAL INSURED ENDORSEMENT [INSERT INSURANCE CERTIFICATE SHOWING NETWORK SECURITY AND PRIVACY ADDITIONAL INSURED ENDORSEMENT] MDJMANA-01 LYBARRA ACORO DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 8/26/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEACT Lisa Ybarra Acrisure Southwest Partners Insurance Services,LLC PHONE No,E,y:(714)516-2976 AX (FAIc,Noi:(714)516-2965 4000 Westerly Place E.IIAIL Suite 110 ADDRESS:lybarra@acrisure.com Newport Beach,CA 92660 INSURER(S)AFFORDING COVERAGE /WC S INSURER A:State National Insurance Company,Inc. 12831 INSURED INSURER B: MDJ Management LLC INSURER C: 531 Main St.,Suite#611 I D: El Segundo,CA 90245 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EXP LTR TYPE OF INSURANCE INK)WYD POLICY NUMBER DDNY POLICY Fyy Y1 LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea recurrence) $ MED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY[ JPEWF LOC PRODUCTS-COMP/OP AGG $ OTHER: $ D AUTOMOBILE LIABILITY (Ea accident)ANGLE UMR _ ANY AUTO BODILY INJURY(Per person) $ AUTOSAU ONLY AUTOSED SCHED BODILY BODILY INJU PROPERTY RY (Per accident)_$ AUTOS ONLY UD AUTOS ONLY (Per accident)DAMAGE $ $ UMBRELLA LUAB OCCUR EACH OCCURRENCE -$ EXCESS LIAR CLAIMS-MADE AGGREGATE DED RETENTIONS $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFIC R/MEn NH)EXCLUDED? NIA - E.L.DISEASE-EA EMPLOYEE,$ H yes,describe under i DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A CYBER LIABILITY X EHJ-ADN00041926 8/5/2024 7/1/2025 LIMIT 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached If more space Is required) RE:NORTH SEAL BEACH COMMUNITY CENTERPROJECT CIP#BG2501 ORANGE OUNTY CONTRACT#01 2-240 1 1 2 07.CITY OF SEAL BEACH,ITS ELECTED AND APPOINTED OFFICIALS,OFFICERS,EMPLOYEES,ATTORNEYS,AGENTS,VOLUNTEERS,AND INDEPENDENT CONTRACTORS IN THE ROLE OF CITY OFFICIALS,COUNTY OF ORANGE,ITS ELECTED AND APPOINTED OFFICIALS,OFFICERS,EMPLOYEES AND AGENTS ARE NAMED AS ADDITIONAL INSURED AS RESPECTS TO CYBER LIABILITY PER ENDORSEMENT ATTACHED. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE OF SEAL BEACH THE EXPIRATION DATE THEREOF, NOTICE W1LL BE DELIVERED IN CITY 211 STREET ACCORDANCE WITH THE POLICY PROVISIONS. SEAL BEACH,CA 90740 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD cfc ADDITIONAL INSUREDS CONDITION ENDORSEMENT ATTACHING TO POLICY EHJ-ADN00041926 NUMBER: THE INSURED: MDJ Management, LLC WITH EFFECT FROM: 05 Aug 2024 It is understood and agreed that the following CONDITION is added to this Policy: Additional insureds We will indemnify any third party as an additional insured under this Policy, but only in respect of sums which they become legally obliged to pay (including liability for claimants' costs and expenses) as a result of a claim arising solely out of an act, error or omission committed by you, provided that: a. you contracted in writing to indemnify the third party for the claim prior to it first being made against them;and b. had the claim been made against you,then you would be entitled to indemnity under this Policy. Before we indemnify any additional insured they must: a. prove to us that the claim arose solely out of an act,error or omission committed by you; and b. fully comply with CONDITION 1 as if they were you. Where a third party is treated as an additional insured as a result of this Condition, any claim made by that third party against you will be treated by us as if they were a third party and not as an insured. SUBJECT OTHERWISE TO THE TERMS AND CONDITIONS OF THE POLICY EXHIBIT G-4 ADDITIONAL INSURED ENDORSEMENT [INSERT INSURANCE CERTIFICATE SHOWING SEXUAL MISCONDUCT ADDITIONAL INSURED ENDORSEMENT]